RRV Refused - Review?

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RRV Refused - Review?


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Old 04-06-2012, 11:33 PM
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RRV Refused - Review?

As the title states, I have just been refused an RRV & am now considering applying for review but not without the aid of a migration agent. Just wondering if anyone who takes the time to read the below, thinks I might have a worthy case?

My story is quite long so I'm not sure how much detail to go into here but basically I migrated to Australia aged 12 in '89 with my parents & younger brother, I lived there until aged 18 when I returned to the UK & I travelled to & fro on a 5yr permanent resident visa. In 2000 I was issed my last temporary 3 month permanent resident return visa & unfortunately for me every time I travelled back to Australia after 2000 I did so on a tourist visa believing I had no chance of applying for an RRV.

I have always wanted to return 'home' to Australia as all of my immediate family who have all become Australian citizens live there & I have maintained close relations with friends I went to school with.
My recent application for an RRV was based on advice given to me from the Melb Immi Department when I was informed that my current status was that of a PR & that status had nothing to do with what visa I travelled on, infact I was informed that I would always be a PR unless I voluntarily gave it up. Relieved I tried to apply there & then however the individual dealing with my application said that I only had one piece of documentation missing, that which would highlight compelling & compassionate reasons for my absence since 2005. This evidence I could provide but unfortunately not there & then otherwise he said he would have been able to approve an RRV for me there and then.

On return to the UK I lodged an offshore application, including a letter from a Dr stating the compelling & compassionate reasons fro my absence since 2005 (whihc I should add also includes getting married in '07 & having two children between then and now) Feeling confident it would be accepted, I felt heartbroken & shocked (based on the advice given to me in Melbourne from the Immi Dept) when the reply came back as 'refused'.

I would really like to apply for my case to be reviewed and with the assistance of a migration agent (althouhg according the notification, I can not apply for review myself, it will have to be my father who is in Melbourne).

Are there many successful cases where these decisions are turned around? Will I be wastign my time,emotions and finances on applying for a review or should I give up my hope of returnign to Australia to be with family and re-focus my future plans on staying put in the UK?

Sorry this is a lengthy post but i appreciate the time anyone has taken to read and of course appreciate any advice that anyone is able to give.


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Old 04-08-2012, 10:37 AM
bma bma is offline
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Hi,

I'm really sorry about your RRV.
I'd speak to the registered migration agent at once if I were you. I've read on the forums George Lombard is the right man for the appeals, people are praising Go Matilda as well, etc.
Definitely go for the best.

I sought an advice from a registered migration agent back in 2011, I paid for consulting, got the advice. A month ago I realised the advice I got was wrong just by browsing the forum, I consulted top migration agent about it and they confirmed this. Based on the first advice we applied for the wrong type visa and spent about $3000 that are not refundable.

So research who the top agents are, don't choose at random...

Good luck!!

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Old 04-12-2012, 08:22 PM
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Hello Want2GoHome
Without knowing your particular circumstances, I'm quite certain that you should have no serious problems returning home. Many case officers are more inclined to err than others. Your main issues are: reasons for leaving (you were 18 therefore it appears that you were "forced" to leave), then the reasons for being absent for longer than 5 years must had been "compelling" (which appear to be considering your new family) and you must had been a former resident when you last left Oz. If you meet those conditions, you should, perhaps, reapply for a RRV 155. The fact that you spent your 'formative' years in Oz are very relevant. But be sure of including all material evidence with your application.
Good luck
PS - Don't waste your money with agents. You can do it with a bit of help.

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Old 04-13-2012, 08:52 AM
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Thank you both for your replies.

I have now spoken to a migration agent here in the UK who advised returning to Australia ASAP and try lodging a fresh application, if that is rejected to then appeal that decision or go back to the drawing board and see what other visa options I (we - my husband has)

I am seriously considering returning to Australia as soon as I finacially can and hope that a fresh apply onshore may be accepted. I'm not going to be hasty but look at all my options. I just want to be back 'home' and setting firm roots for my family.

It seems that as you say Goinghome - "Many case officers are more inclined to err than others". In Australia when looking at my application they seemed happy with all reasons/documents I provided, I justdind't have one piece of evidence with me at that time. Here in the UK, even including that piece of evidence, they still weren't happy. I believe another thing that has gone against me is the fact that I have entered Australia on a toursit visa for my previous 3 visits, I was previously informed that I couldn't apply for an RRV that is why I travelled on tourist visas.

I won't give up though, am trying everything I can to see what my options are to hopefully make a permanent move back to Australia.


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Old 04-17-2012, 12:43 PM
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Your situation is quite similar to mine.

I applied for an offshore RRV and got rejected. I flew to Sydney to apply for an onshore RRV and it got rejected too.

The difference between the two is if you apply for an MRT review for an onshore RRV, you can at least get a Bridging Visa.

The problem is, on that Bridging Visa, you can't work because you came in on a tourist visa and you need to wait a couple of months for the tourist visa to expire before your Bridging Visa kicks in!

You don't need to have an agent to lodge an MRT review application for you but it would help if you had an agent to help you lodge an onshore RRV.

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Old 04-17-2012, 05:16 PM
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Quote:
Originally Posted by misterv View Post
Your situation is quite similar to mine.

I applied for an offshore RRV and got rejected. I flew to Sydney to apply for an onshore RRV and it got rejected too.

The difference between the two is if you apply for an MRT review for an onshore RRV, you can at least get a Bridging Visa.

The problem is, on that Bridging Visa, you can't work because you came in on a tourist visa and you need to wait a couple of months for the tourist visa to expire before your Bridging Visa kicks in!

You don't need to have an agent to lodge an MRT review application for you but it would help if you had an agent to help you lodge an onshore RRV.
Hi Misterv, thanks for the reply.

I have heard of but not looked into the Bridging Visa. Once the tourist visa expires could I then work?
My main concern is that I have a husband and our two toddler children who can't be inlcuded in my RRV (as they've never previosuly been Australian residents) Our plan was that if my application was accepted onshore, I would then fly back to the UK where my husband would then apply for a spouse visa and once that came through, we would all then make the move.
However if I bought my husband and children with me to Oz would they also be able to included in any bridging visa I may be given?

I have contacted a migration agent in Brisbane (one that was recommended to me by an agent here in the UK) I am waiting for a response from him and hoping that he can offer some sound advice and perhaps help me lodge a fresh RRV application whilst onshore but if the overall advice is that an onshore application might be rejected too then I might have to call it a day until we can afford a different type of visa.

Can I ask on what grounds your RRV was rejected? Have you since been granted an RRV or did you apply for a different visa?

Many thanks.


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Old 04-18-2012, 01:37 AM
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Quote:
Originally Posted by Want2GoHome View Post
Hi Misterv, thanks for the reply.

I have heard of but not looked into the Bridging Visa. Once the tourist visa expires could I then work?
My main concern is that I have a husband and our two toddler children who can't be inlcuded in my RRV (as they've never previosuly been Australian residents) Our plan was that if my application was accepted onshore, I would then fly back to the UK where my husband would then apply for a spouse visa and once that came through, we would all then make the move.
However if I bought my husband and children with me to Oz would they also be able to included in any bridging visa I may be given?

I have contacted a migration agent in Brisbane (one that was recommended to me by an agent here in the UK) I am waiting for a response from him and hoping that he can offer some sound advice and perhaps help me lodge a fresh RRV application whilst onshore but if the overall advice is that an onshore application might be rejected too then I might have to call it a day until we can afford a different type of visa.

Can I ask on what grounds your RRV was rejected? Have you since been granted an RRV or did you apply for a different visa?

Many thanks.
I have heard of but not looked into the Bridging Visa. Once the tourist visa expires could I then work?

You will only get your bridging visa if you applied for an onshore RRV and it gets rejected and you lodge an MRT review. If your onshore RRV is approved then you don't have to worry about this.

You can't work on your bridging visa if you entered Australia on a tourist visa because it inherits the work rights of your tourist visa. That is my situation now. I think your ETA tourist visa lasts for 3 months and you must wait for that to expire before your bridging visa starts. That's what I did...

Can I ask on what grounds your RRV was rejected? Have you since been granted an RRV or did you apply for a different visa?

It seems like a lot of offshore RRVs are rejected due to stupid reasons. My agent addressed the issues in my offshore application and when my onshore application was rejected, the DIAC only raised 2 issues.

Of the 2 issues, one of them can be easily proven with new evidence. The other issue was the period between 2004 to 2011. DIAC was not convinced that that period was compelling enough for me to be outside of Australia even though I have submitted evidence to back it up.

It seems like if you say you were not aware of your options is not going to hold water. For my case, 2004 - 2011, I applied for a skilled migration visa and that got rejected due to some missing document issue so I went around looking for migration agents who could help me file an MRT review and met a couple that said you should just go for the RRV instead!

It is really a hard struggle with the DIAC. They seem to want to reject more than accept so you can submit genuine evidence and it makes sense to everyone but them. They can even interpret your evidence negatively and disbelieve it. MRT takes about 2 years before you get a hearing.

You could possibly come to Australia and lodge an onshore RRV and should that be rejected again, apply for MRT review and get a bridging visa.

========

I am going through this right now and it isn't easy because I have no work rights on my bridging visa and it is a struggle to get them to approve my work rights while I wait for my MRT review.

One more thing I should point out is you might want to leave out declaring how much assets you have in your RRV applications. Probably just have enough to last 1 year in Australia and prepare some money to pay the migration agents and DIAC fees.

If they see you have some assets, they will refuse your permission to work on your bridging visa like my case.

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Old 04-18-2012, 08:29 AM
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Thanks again for your reply.

From what I keep reading I realise that by claiming not to have known something is basically the applicants fault. All I was told when I questioned my rejected offshore visa was that the information is 'out there'. In my opinion it isn't obvious nor clear! And what really upsets me is that an employee at DIAC gave me incorrect information, telling me that my current status was that of a permanent resident and that I would never lose that status and it had nothing to do with what visa I travelled on. Clearly DIAC staff are not all on the same page and some need re-educating before being allowed to'advise' members of the public looking to apply for a visa.

Thanks for your advice about declaring assets, to be honest we've not got much anyway and would initially be financially supported by my Father and other relatives in Australia upon arrival.

I hope things work out in your favour, it seems you have gone through much already to try to gain a visa.


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Old 04-20-2012, 09:58 PM
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Quote:
Originally Posted by Want2GoHome View Post
Thanks again for your reply.

From what I keep reading I realise that by claiming not to have known something is basically the applicants fault. All I was told when I questioned my rejected offshore visa was that the information is 'out there'. In my opinion it isn't obvious nor clear! And what really upsets me is that an employee at DIAC gave me incorrect information, telling me that my current status was that of a permanent resident and that I would never lose that status and it had nothing to do with what visa I travelled on. Clearly DIAC staff are not all on the same page and some need re-educating before being allowed to'advise' members of the public looking to apply for a visa.

Thanks for your advice about declaring assets, to be honest we've not got much anyway and would initially be financially supported by my Father and other relatives in Australia upon arrival.

I hope things work out in your favour, it seems you have gone through much already to try to gain a visa.
Hello Want2GoHome,

Now, don't give up. I have read numerous IRT decisions and noted that they are generally 2 to 1 in favour of review applicants. Many cases, like yours, which may be borderline in a technical sense but have a compassionate element have a higher degree of success, particularly if your current position has been prejudiced by DIAC personnel giving wrong or misleading advice.
I would suggest that you make up your case with strong evidence for all requirements you have to meet (e.g. a letter from a GP. may not be sufficient evidence) and always stress the compassionate element. in a well prepared and reasoned stat dec.
It may seem pointless to make successive applications knowing that the new CO will read the file and may not want to disturb the previous decision by a fellow officer, even if disagreeing with it. But, if your new application addresses the issues more comprehensibly, it can be seen in a different light and the new CO may feel more at ease with internal discord. Why not try it?
Hope you get there. Soon.


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Old 04-21-2012, 12:35 AM
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From my experience with the COs at DIAC and even customer service staff at the Sydney branch, they can be very nasty and tell you misleading or false things about your visa.

Technically, we are still permanent residents without a RRV. It is a complicated situation.

When you have decided to move back to Australia, I suggest that you consult as many migration agents and immigration lawyers as possible before deciding on hiring one.

Even agents/lawyers can provide you with misleading information. Once you consult 3 or more, you will understand what I mean.

Pay them only to handle your RRV and not the MRT lodgement and representation. I made this huge mistake. My immigration lawyer wanted a lump sum for ALL of this when the MRT was 2 years + away and the MRT lodgement can be done yourself. It isn't cheap.

Another thing about depending on your father and family in Australia. I was told to my face at the Sydney branch that I can continue to depend on my father for financial support and the lady said she wouldn't approve my permission to work. She even suggested I go back to my country and come back just for the MRT. What's worse, she said I won't win my MRT.

Things like that can happen and I am working with a new migration agent to lodge another request to get permission to work on my bridging visa citing the successful complaint I lodged against the lady who was rude and mean to me for no reason. I received an apology from a DIAC director on the telephone for the actions of that lady but I am still waiting for my apology letter.

In short, what I have learnt about my RRV nightmare is this:

1. Try lodging an offshore RRV. You can find the legislation of the RRV requirements online but more detailed ones can be accessed via a migration agent. Prove one or all personal/work/business ties you have in Australia.

Do not leave out any possibility of each requirement. In my offshore RRV application, I didn't write in my letter that I considered Australia to be my home and where I planned to reside. That was one of the reasons for rejection. They can reject you with whatever tiny reason they can find or create one out of nothing.

2. If your offshore RRV fails, fly to Australia to the city where you plan to reside to find a migration agent to help you lodge an onshore RRV. Consult as many as you can before deciding.

3. One you have decided on a migration agent, hire him/her to lodge the RRV application with a backup plan to put you in a good position to get a Bridging Visa A with work rights in the future should it fail.

I was told by my some agents to provide proof of assets to help my RRV case but it could backfire for your Bridging Visa A's work rights because they think you have enough money to sit on your ass and do nothing.

4. Print out all the forms that your agent wants you to sign. Look at the legislation and requirements yourself online and on the form. Do not feel pressured to sign something quickly just because you are at the migration agent's office.

My immigration lawyer submitted my Bridging Visa application with no evidence for my financial situation and my work rights was denied as a result. After it was denied, I looked at the form and realised you must submit evidence or the CO won't be able to make a decision. Because of this, I have terminated my contract with my immigration lawyer and plan to lodge a complaint to MARA after they refund me part of the money I paid to them.

I am doing this not to get back at my lawyer but to try to get evidence that I received poor legal representation from my migration agent so that you can use that in your MRT case.

5. You have to decide carefully that this is what you want and you are willing to deal with all the challenges that come with this process of returning to Australia.

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Last edited by misterv; 04-21-2012 at 12:43 AM.

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