Went to MRT Hearing In Sydney For My GF Today - Questions I Need Answered Please

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Went to MRT Hearing In Sydney For My GF Today - Questions I Need Answered Please


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Old 03-23-2015, 01:55 PM
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Went to MRT Hearing In Sydney For My GF Today - Questions I Need Answered Please

Hi,
I had a pretty tough day today.

Went to the MRT in Sydney.

My question relates to these facts: We applied for a partner visa. Before her TR was granted my gf and I separated because my dad asked her to leave our house. Pretty brutal. She is a lovely girl but my brother and his wife were really bullying her and I stood up for her and dad said he wanted both women out of his house. Fair enough.

We had our TR interview while living apart and there was enough evidence for it to be granted so it was even though she hooked up with someone else and the guy sent info to DIBP.

After about 6 months of living apart (but she had her TR) we both briefly saw other people. The Department was told about this by me in an email telling them that I wanted to withdraw my sponsorship. A day later I decided that I had to give it another final shot so contacted DIBP and asked them not to action my letter. BAD MOVE SENDING THAT LETTER. It is still haunting me in 2015 today at the MRT.

Anyway in May 2013 we moved back in together and have lived together since. In June 2014 we had our second stage refused because I didn't send in enough evidence to support our relationship. I appealed to the MRT and finally in March 2015 we had our hearing, today.

The member was not happy I came in today with a file full of evidence and photos. I understand that if I had handed it in a few weeks or months earlier I may have had a chance to have the matter dealt with on the papers. Anyway she said we may have to come back for a second hearing. The matter proceeded ONLY on the DIBP file and it there was not much evidence. The member said she will look at the file I gave her today but we feel she has already probably made a decision to refuse it again. My mum came with us. Her evidence was good but she was asked "What would you like to tell me", she wasn't asked questions about our relationship rather she had to tell the member all she could. Much harder as she didn't know what to tell the member. I didn't prepare her properly.

Anyway my question is this.

During the period we separated we occasionally transferred money to each other and her phone was on my account so we paid it together. The member spent a lot of time questioning us about the separation in 2012. She didn't focus much on what we were doing now. Is this because the separation has "ended" the partner visa. Can couples who separate and then get back together still be granted a partner visa?

We took in stat decs from about 15 friends, 100 photos, wedding invitation, two years worth of electricity and mobile bills, joint account info.

Any thoughts would be extremely helpful. I really felt the member was a bully, picking on my 23 year old foreign gf. I was really hoping that the face to face opportunity would mean that we would get a fair go but it seemed like we were having to defend ourselves from an unleashed terrier from the beginning. New, fresh decision my backside.

I'm not falling away in defeat on this one. I will be submitting more evidence to deal with today's issues and will do my best until we get our decision.

Thanks for reading and if you have any questions please let me know.


Last edited by Ahzz; 03-24-2015 at 12:28 AM. Reason: Date of separation was wrong.

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Old 03-23-2015, 07:47 PM
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Your partner visa that is being considered is The one from 2011. It does seem like you broke up and this visa should not have proceeded based on what you have told us here. What you needed to provide proof of at the MRT was evidence you were together, strong evidence, between then and June 2014 that should have been sent in with the application. New evidence cannot be provided...you needed to concentrate on proving how relevant the documents they already had were.

The questioning your mother had is precisely to prevent her from rehearsing possibly false answers...that's why they use it. If she was confident if your relationship she could have talked about how much your wife meant to you and her family etc...directed questions can be rehearsed.

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Old 03-23-2015, 10:49 PM
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You broke up in 2011 and got back together in 2013, and are trying to convince MRT made an incorrect decision to refuse her visa? Considering you were both seeing other people, it does seem difficult to believe you've maintained a genuine de facto relationship throughout that period. If you want to continue with the MRT, I'd suggest you immediately speak with a good migration agent to review the evidence you provided before the hearing, the evidence you arrived at the hearing with, and any other evidence you hope to provide now.

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Old 03-24-2015, 12:35 AM
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Quote:
Originally Posted by scattley View Post
Your partner visa that is being considered is The one from 2011. It does seem like you broke up and this visa should not have proceeded based on what you have told us here. What you needed to provide proof of at the MRT was evidence you were together, strong evidence, between then and June 2014 that should have been sent in with the application. New evidence cannot be provided...you needed to concentrate on proving how relevant the documents they already had were.

The questioning your mother had is precisely to prevent her from rehearsing possibly false answers...that's why they use it. If she was confident if your relationship she could have talked about how much your wife meant to you and her family etc...directed questions can be rehearsed.
Well we were seeing each other on and off but we still transferred money to each other and had both our phones on the same bill. I am going to submit some more info to clarify this as much as I can though the member did say as you say that I am now at an advantage because I know what to respond to. My response will be that if they are interested in making the correct and preferable decision and if there is strong independent evidence to support the clarified version then why shouldn't they accept it.

Ok I understand why mum was asked to talk rather than answer questions. She said great things so I'm not too worried about that part. Thank you for your thoughts. I wish I had known this before I went in, I would have prepared her a little better.


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Old 03-24-2015, 01:14 AM
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Quote:
Originally Posted by Maggie-May24 View Post
You broke up in 2011 and got back together in 2013, and are trying to convince MRT made an incorrect decision to refuse her visa? Considering you were both seeing other people, it does seem difficult to believe you've maintained a genuine de facto relationship throughout that period. If you want to continue with the MRT, I'd suggest you immediately speak with a good migration agent to review the evidence you provided before the hearing, the evidence you arrived at the hearing with, and any other evidence you hope to provide now.
Sorry the separation date in my original post is wrong, I have edited it. She moved out of my parent's home in May 2012 (was forced to move out), we had our TR interview in August 2012 (she was granted TR), I sent the withdrawal email in November 2012 then we moved into our unit together in May 2013. I was hooking up with someone from October to November. She had stopped seeing her guy by then. The actual period where we were not together as a couple would be about 4 months but we still transferred money, paid bills and talked regularly.

Well as I said we have already been to the MRT, I have about two days to really finalise this. I don't think any migration agents will take this on at this stage but if there are any on here that are in Sydney and can assist then I would be grateful. I am happy to pay extra for the inconvenience.

Yeah so really in a bit of a jam atm, I am preparing some evidence and some submissions addressing the separation and how it was short and that we still sent money to each other. I think we got lucky that the TR interview was in the period we were apart and a DIBP delegate found us to still be genuine and continuing at that stage. That will be the basis of my submission. If I hadn't sent that email in November everything would be fine, I am going to fall on my sword and plead that they don't punish her for a rash action on my part. A day later I sent another email saying not to action the email because I would like to go to counselling with her, I told the member that and said if we weren't genuine and continuing I wouldn't have even suggested going to counselling, she accepted that but not sure if it'll be enough. She just kept saying I'm not sure about all this, I need to think about it. I'll keep updating as things occur.


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Old 03-24-2015, 07:33 AM
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You never should have been issued the TR. When you broke up and separated before your visa was granted, it was your responsibility to inform DIBP of this right away. You haven't said if you actually told the delegate who called you for your TR interview that you had in fact separated. If you did not, then you fraudulently obtained your visa. If you did, the delegate never should have issued it to you in the first place.

Of course, I can't believe a genuine couple in a married relationship would ever just end their relationship simply because a parent kicked out their spouse. I can tell you right now that if this ever happened with my husband and I we would stay together no matter what. That's probably something DIBP is thinking as well.

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Old 11-23-2015, 02:10 AM
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So after a very tough lot of months, today she was granted her permanent visa.

We lost the initial MRT hearing.

We engaged Joanne Kinslor of the firm Kinslor Prince Lawyers, she has done an amazing incredible job.

We appealed to the Federal Circuit Court on the grounds that we were denied procedural fairness by the MRT refusing to contact our witnesses, among other things.

We didn't have to have a hearing as the Department of Immigration consented and did not contest our claims. We got costs for our trouble. We were sent back to the MRT. They had us before them within a month. We needed more time though were not granted it.

Joanne did an excellent job preparing us for the hearing. We didn't need 100s of photos like I first handed in, she only had about 20. The submission was detailed and excellent.

5 days later we heard back from the AAT (MRT changed name), we were successful and our matter was sent back to the department to do the rest with a direction that we satisfied the necessary requirements.

Today Joanne called and told us my partner's permanent visa had been granted. We didn't have to do any subsequent medicals or police checks I think.

I just wanted to post this because I know that there are many people going through this process. If you can, get Joanne to do it for you. I tried myself and really messed it up, though I must admit our situation was very complicated due to the separation issue.

If anyone has any questions about our specific process, happy to help.

Aaron

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Last edited by Ahzz; 11-23-2015 at 02:12 AM.

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Old 11-24-2015, 07:35 AM
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Congrtulations Aaron!!!!
Thanks for sharing your visa journey with us. I m sure the information you have provided will help someone in the future.

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Old 11-24-2015, 12:05 PM
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Congratulations!!

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Old 12-08-2015, 02:28 PM
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Hello Aaron,

Are still on the forum ???

Txs.


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