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Discussion Starter · #1 ·
Dear brain trusts

Wondering if anyone has experienced lodging two De Facto applications with two different sponsors?

My story is rather complicated...

In 2013 de Facto application lodged. TR was granted in March 2014. I terminated relationship due to family violence. Claimed it to the department with evidences ( emotional and financial abuses ) at the end of 2015.

Got visa refusal in Oct 2016, after I met the current partner in Sep.
Applied for AAT review in Nov 2016, after attending hearing twice, they affirmed the decision in Nov 2018, with an non-sense reason which is out of blue and different from the department’s view.

I applied for a judicial review at Federal Circuit Court. On BVA now. The scheduled date for the first hearing is in Sep 2020.

Meanwhile the current relationship is going well and we did talk about settling down. We seriously think about going for 309 to lodge offshore then I come back to wait for the hearing date from FCC still.

Does anyone have any knowledge in this matter? Anything we should be mindful?

So lost here.... thank you in advance.
 

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Presumably you are represented in the Federal Court matter.

If you are, may I suggest that you take the advice of your representative who must be legally qualified and ideally would also be a registered migration agent?

You are no doubt aware that - A man who is his own lawyer has a fool for a client'?

From what you have posted, it seems likely that you might well shoot yourself in both feet if you proceed with a 309 application and the Federal Court case.
 

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Discussion Starter · #3 ·
Hi Westly

Thank you for the reply.
I am representing myself in Federal Court. Yes I have a lawyer and he will be attending with me.
I thought I am fighting for my right therefore proceeding the appeal. Please kindly share why do you think it would be such a bad idea lodging 309 while I am waiting for the hearing date.

Much appreciated especially you are a registered migration agent.

Thank you in advance.
 

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Discussion Starter · #5 ·
I don’t think so, ampk.
I understand if the on-going case finalises with a no before 309 is granted, I will have to leave the country.

Any thoughts ?!
 
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