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What are the common reasons for refusal PMV - Page 5


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  #41 (permalink)  
Old 01-03-2013, 08:55 AM
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Originally Posted by louiseb View Post
Hi Melandabdul
do you have any idea how long it takes for a refusal to be decided upon, i heard that it can take months, like starting the application all over again, imagine waiting months and months and then having a refusal and then having to wait months again. I also heard that it if refused it goes back to your CO again.
Apparently the queue is 2 years now for the tribunal. Once you go back to the department, remitted, you are prioritized at the front if queue but it still takes as long as it takes.

It was me who said I thought it went back to your CO but actually I'm just guessing that based on that fact that I don't that they would take the position of the CO had it in for you, rather there was an error in judgement at moment in time

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  #42 (permalink)  
Old 01-03-2013, 09:27 AM
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Originally Posted by melandabdul View Post
Apparently the queue is 2 years now for the tribunal. Once you go back to the department, remitted, you are prioritized at the front if queue but it still takes as long as it takes.
OMG 2 years, jeez they must refuse a hell of a lot of people then, i didnt realize it took so long.....WOW i should try and find info on google about this would be very interesting to find out for sure.

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It was me who said I thought it went back to your CO but actually I'm just guessing that based on that fact that I don't that they would take the position of the CO had it in for you, rather there was an error in judgement at moment in time
I wasnt sure who passed this information on to me lol i wouldnt have disclosed who any how lol even had i known. Do you think because CO,s are so busy they would make refusals just to pass the buck so to speak, because if there is a waiting list for two years ( we think) then thats a hell of a lot of people refused, oh one more thing do we have to pay for the case to be taken to the tribunal or is it a free service.

Thanks for your info as usuall its always interesting.
Louise

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  #43 (permalink)  
Old 01-03-2013, 10:54 AM
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Originally Posted by melandabdul View Post
I read something very interested recently that during 2010 - 2011 69% of refused partner visa that were taken to the review tribunal by the applicants had the decision overturned by the tribunal and were remitted back to the Department. 69%!!!!!!!!!

Not this doesn't mean that they got an approved visa in the end, it just means that the reason they were rejected was seen to be unfit and overturned and the visa went back to the department to continue being processed.
Hi Mel, could you please post a link to this very interesting document? 69% is a pretty damn significant figure. All more ammunition against the present system

I have read previously that the queue for the MRT is so long because the Refugee Review Tribunal and the Migration Review Tribunal share (human) resources, so with the current state of things most of them are tied up with serving on the RRT, and as a consequence few are free to serve on the MRT so the waiting period is getting longer. But two years is really ridiculous. I mean, for heaven's sake, just hire/train some more people, Government! You sure can afford it with the new price increases.

Louise, it does cost another $1540 or so to apply for review with the MRT but if your refusal is overturned and your application is remitted, then you get this money back.

Re: getting the same case officer, I think I've read that the policy is simply to send it back to the same processing centre but in practice here on the forum people have ended up with the same case officer. Perhaps because there's no one else? Or maybe for the sake of convenience/continuity. I have read that at the point that something is found to give the case officer a reason to refuse, then he/she reads no further. So when an application is remitted they must look through the rest of the application (from the point they stopped) to see if they can find any other reason on which to refuse. It would make sense for the same person to do this, but then again it's not necessary.

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  #44 (permalink)  
Old 01-03-2013, 11:21 AM
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Louise, it does cost another $1540 or so to apply for review with the MRT but if your refusal is overturned and your application is remitted, then you get this money back.
Oh ok this price is todays price lol it may go up in the future cost of inflation....lol.

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Re: getting the same case officer, I think I've read that the policy is simply to send it back to the same processing centre but in practice here on the forum people have ended up with the same case officer. Perhaps because there's no one else? Or maybe for the sake of convenience/continuity.
Hmm interesting. you would think that if it was sent for review then they would decide yes or no and just proceed with the application giving a acceptance or declined verdict, it seems stupid to send it back to the original post after it was them that refused your visa, and them that your not happy about. Surely if the review board takes an application on board then it would surely save time and money by handling the case from start to finish.
Quote:
I have read that at the point that something is found to give the case officer a reason to refuse, then he/she reads no further.
So i take it if i had submitted requested papers 2 months ago and i had no reply then these papers were in order, is this correct?
Quote:
So when an application is remitted they must look through the rest of the application (from the point they stopped) to see if they can find any other reason on which to refuse. It would make sense for the same person to do this, but then again it's not necessary.
What i dont understand is if a declined answer has being given and a person ask,s for it to be reviewed then why would the review board send it back to the original post in my case Berlin surely the review board have the right to over ride the CO,s decision obviously were they believe the CO has made a wrong choice, why not just take the application review it and stamp a yes or no on the file. Why send it back its a waste of time, money and if the CO,s are over worked why empower more work on them.

Thanks Louise

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  #45 (permalink)  
Old 01-03-2013, 11:44 AM
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Originally Posted by louiseb View Post
Oh ok this price is todays price lol it may go up in the future cost of inflation....lol.

Hmm interesting. you would think that if it was sent for review then they would decide yes or no and just proceed with the application giving a acceptance or declined verdict, it seems stupid to send it back to the original post after it was them that refused your visa, and them that your not happy about. Surely if the review board takes an application on board then it would surely save time and money by handling the case from start to finish. So i take it if i had submitted requested papers 2 months ago and i had no reply then these papers were in order, is this correct? What i dont understand is if a declined answer has being given and a person ask,s for it to be reviewed then why would the review board send it back to the original post in my case Berlin surely the review board have the right to over ride the CO,s decision obviously were they believe the CO has made a wrong choice, why not just take the application review it and stamp a yes or no on the file. Why send it back its a waste of time, money and if the CO,s are over worked why empower more work on them.

Thanks Louise
That would be too logical for our governement! :

I think maybe the way it works is that the review board addresses the aspect of the application on which the CO chose to refuse. So they determine that that aspect is actually fine and not a reason for refusal, and then it goes back to the CO to continue reading to see if there is any other aspect that is suspicious or whatever.

But yes, I am completely with you that an application/relationship that has been looked over in all its aspects by a fresh pair of eyes and is deemed to be genuine and continuing should then be approved. While reading through the MRT cases it does actually seem as though they go through every aspect of the evidence and decide whether the application is good on the whole - so it seems totally unnecessary to add more months and more specifically more work to a system that is already bloated!

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  #46 (permalink)  
Old 01-03-2013, 02:12 PM
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Originally Posted by Adventuress View Post
Hi Mel, could you please post a link to this very interesting document? 69% is a pretty damn significant figure. All more ammunition against the present system

I have read previously that the queue for the MRT is so long because the Refugee Review Tribunal and the Migration Review Tribunal share (human) resources, so with the current state of things most of them are tied up with serving on the RRT, and as a consequence few are free to serve on the MRT so the waiting period is getting longer. But two years is really ridiculous. I mean, for heaven's sake, just hire/train some more people, Government! You sure can afford it with the new price increases.

Louise, it does cost another $1540 or so to apply for review with the MRT but if your refusal is overturned and your application is remitted, then you get this money back.

Re: getting the same case officer, I think I've read that the policy is simply to send it back to the same processing centre but in practice here on the forum people have ended up with the same case officer. Perhaps because there's no one else? Or maybe for the sake of convenience/continuity. I have read that at the point that something is found to give the case officer a reason to refuse, then he/she reads no further. So when an application is remitted they must look through the rest of the application (from the point they stopped) to see if they can find any other reason on which to refuse. It would make sense for the same person to do this, but then again it's not necessary.
The link to the figures I quoted come from a blog from an Australian woman who fell in love with an Asylum seeker in Australia and married him and then he was removed from the country and sent back to his dangerous 3rd world African country something like 2 years after first arriving here.

She then applied for a Partner visa for him as his sponsor which was rejected and then went through the MRT and was successful in having it remitted and then the visa finally approved. She now writes a blog which I have subscribed to as well as is writing a book about their story called Love versus Goliath : A Partner Visa Journey. She is an intelligent professional and well balanced woman who has lots of great things to share.

From her blog I also found out that you can claim compensation for cost associated with the MRT but it is hard work by all accounts to get this...the phrase blood from a stone might ring true.

Anyway the link to this story in her blog with the figures I quoted is -
Heads or tails? Are lives so unimportant? | Love versus Goliath : A Partner Visa Journey

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  #47 (permalink)  
Old 01-03-2013, 02:16 PM
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Originally Posted by Adventuress View Post
That would be too logical for our governement! :

I think maybe the way it works is that the review board addresses the aspect of the application on which the CO chose to refuse. So they determine that that aspect is actually fine and not a reason for refusal, and then it goes back to the CO to continue reading to see if there is any other aspect that is suspicious or whatever.

But yes, I am completely with you that an application/relationship that has been looked over in all its aspects by a fresh pair of eyes and is deemed to be genuine and continuing should then be approved. While reading through the MRT cases it does actually seem as though they go through every aspect of the evidence and decide whether the application is good on the whole - so it seems totally unnecessary to add more months and more specifically more work to a system that is already bloated!
From what I have gleamed from the site I just mentioned, they pretty much stop assessing the application once they find enough reasons to reject/refuse a visa. So it is in theory rational to say that the application then needs to be sent back to continue along the process as it might have only got to be 1/2 way through the checks and measures that they do when there was enough evidence to warrant a refusal.

I am quite clear on that fact that they don't continue to look at the rest of the application to see how the rest of it stacks up. It is a case of down tools once there is a weight of proof to "satisfy" the refusal.

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  #48 (permalink)  
Old 01-03-2013, 02:36 PM
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Quote:
Originally Posted by melandabdul View Post
From what I have gleamed from the site I just mentioned, they pretty much stop assessing the application once they find enough reasons to reject/refuse a visa. So it is in theory rational to say that the application then needs to be sent back to continue along the process as it might have only got to be 1/2 way through the checks and measures that they do when there was enough evidence to warrant a refusal.

I am quite clear on that fact that they don't continue to look at the rest of the application to see how the rest of it stacks up. It is a case of down tools once there is a weight of proof to "satisfy" the refusal.
This is a good thing for all of us really because if a person submitts papers and after a few days /week they hear nothing then one can automatically say that there all in order, true? I just wish they would confirm that the documents sent are good and no other information is needed. I am sure im not the only one always wondering if the papers sent are correct, saying this i had sent the Police checks off and after 3 months they wanted another another original conduct from me.....

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  #49 (permalink)  
Old 01-03-2013, 02:48 PM
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This is a good thing for all of us really because if a person submitts papers and after a few days /week they hear nothing then one can automatically say that there all in order, true? I just wish they would confirm that the documents sent are good and no other information is needed. I am sure im not the only one always wondering if the papers sent are correct, saying this i had sent the Police checks off and after 3 months they wanted another another original conduct from me.....
You could reasonably assume that but I have heard of someone having their application in for 10 months THEN getting a refusal. In the end we are at the mercy of a system that seems to have no rhyme nor reason at times. Try to just stay positive though and assume all is good until you are told otherwise. You seem like you have a strong relationship history and therefore strong case. I am sure you will be just fine...will be praying for you xxx


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