Form 1229 Consent to grant an Australian visa

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree7Likes
  • 1 Post By MarkNortham
  • 6 Post By Phanom

Form 1229 Consent to grant an Australian visa

Closed Thread
LinkBack Thread Tools
  #1 (permalink)  
Old 03-14-2013, 11:47 AM
Phanom's Avatar
Active Member
Join Date: Mar 2013
Posts: 22
Users Flag! From australia

12 likes received
2 likes given
Form 1229 Consent to grant an Australian visa

Hi all,

I am going though the process at the moment of Partner Provisional (subclass 309) visa for my wife and step daughter, I have submitted application, but have hit a little bit of an issue in regards to my wife's daughter.

DIAC case officer has asked us to get the father of the daughter to sign a form 1229 Consent to grant an Australian visa to a child under the age of 18 years.

Now the wife never married the childs father and she has not seen him and he has not wanted to see or support the the child since she was 3 months old (almost 3 years ago)

We supplied a Por Khor 14 from the local Government Office (Amphur), confirming that she has never married and under Thai law she has full custody of the child and they also don't recognise the father listed as the illegitimate father under Thai law.

Under Thai Law, if the parents of the child where not married at the time of birth the mother has automatic full custody of the child, and the father to get any custody or parental rights has to take the matter to court. The court will only give custody rights to the father if the mother agrees. If she doesn't its very difficult to get the court to give any custody rights to the father.

The Por Khor 14 is all that is required by the Thai Government to issue a passport and allow the child to leave Thailand, with out it you need permission from both parents (and they need to attended the passport office) and it was all that was required for the Australian Government to issue a Tourist Visa for the child.

Anyway when I questioned DIAC case officer on it, stating under Thai law that the father has no legal right over the daughter, and the Por Khor 14 meets the requirements as stated on their website and forms, so why do we need to get the fathers permission when he has no legal right to determine where the child lives and is not reconsigned as the illegitimate father.

I also included references to Thai law backing this up, as well as there own documentation.

I also asked what happens if I can't get the form signed .

DIAC case officers response was vague at best and didn't address anything I really asked, they said that "due the case load they get its a post requirement that we supply a form 1229 completed by the father. However, occasionally, there are instances where the consent of the non-migrating parent cannot be obtained and the applicant is therefore requested to provide a statement outline the facts? and under special circumstances the deciding officer may not require it."

Now we don't know where the father is, but we maybe could track him down though family if we had to, but he wouldn't sign the form anyway, out of spite.

Not sure what we should do has anyone else run it this sort of issue or have any suggestions?

  #2 (permalink)  
Old 03-14-2013, 12:01 PM
MarkNortham's Avatar
Join Date: Dec 2012
Location: Sydney, Australia
Posts: 9,688
Users Flag! From australia

1446 likes received
150 likes given
Send a message via Skype™ to MarkNortham
Sounds like the father is a dead end - I would instead consider creating a formal statutory declaration describing the situation with as many statements of support and references to Thai law (perhaps from a Thai lawyer) as you can. Don't to it verbally - that's not going to get you anywhere with DIAC. It needs to be a formal submission with references to Thai law and the supporting statements.

Hope this helps -


Mark Northam

Phanom likes this.
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers [email protected]
Co-Host, Coming 2 Oz video show:

  #3 (permalink)  
Old 03-15-2013, 11:26 PM
Phanom's Avatar
Active Member
Join Date: Mar 2013
Posts: 22
Users Flag! From australia

12 likes received
2 likes given
Thanks Mark, that is what we were thinking of doing. We just think its odd of DIAC to ask for additional consent when we have already supplied the custody documents stating the mother has full custody.

I have spoken to DIAC in Australia about it, and even they thought the request for consent was a bit odd given the law. They said the custody documents supplied should have been enough.

They said to do the Stat Dec and also to say to the case officer that if the visa is not going to be approved to let us know and we will withdraw the daughter from the application, so the wife's visa can be approved.

They said then apply for a Dependent Child Visa (Subclass 445), and deal with the issue then.

I am not sure if the case officer has looked at the application that well and that maybe is the issue, as they have asked us to supply answers to another couple of questions that were a bit odd, but already clearly answered in the application.

Sponsored Links
  #4 (permalink)  
Old 09-02-2013, 09:57 PM
Phanom's Avatar
Active Member
Join Date: Mar 2013
Posts: 22
Users Flag! From australia

12 likes received
2 likes given
Just to update, my wife's and her daughters visa was granted without having to supply the signed consent.

Just supplied a signed stat dec outline why we didn't supply the consent and included reference to Thai law to back up the sole custody.

Closed Thread

signature from x form 1229

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Form 26 - Medical examination for an Australian visa goodnightlasvegas Visas and immigration 6 06-20-2012 11:46 PM
Fastest grant of visa 175? nemesis Visas and immigration 1 05-18-2012 07:26 PM
Visa Grant letter alexdavalos12 Visas and immigration 3 10-23-2011 07:17 AM
Visa Grant Numbers?!?! suzannah Visas and immigration 2 04-07-2011 06:58 AM
When will I get my visa grant?? jigish Visas and immigration 0 01-13-2010 10:50 AM

By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.

All times are GMT. The time now is 04:21 AM.

Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.