189 visa and court case - Page 2

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189 visa and court case - Page 2


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  #11 (permalink)  
Old 05-02-2013, 01:50 PM
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Hi Fateh -

There are multiple circumstances that can lead to a 1 or 3 year exclusion period for applying for a temporary visa (ie, student, visitor, 457) depending on your circumstances - I don't know enough about your case to properly assess things. However, there is a great guide to exclusion periods that is published by the IARC group that spells things out in an easy to understand way - here's the link:

http://www.iarc.asn.au/LiteratureRetrieve.aspx?ID=40014

Hope this helps -

Best,

Mark Northam


Quote:
Originally Posted by fateh View Post
Dear Mark,

I have applied for federal court after student visa refusal from mrt.can u please advice me if there ia any law stating that i could be banned for 3 yrs to apply for any aus visa(other than s48) if i loose the case in federal court or i withdraw my application from court..i understand u r a busy person,however ur helpful reply would be really appreciated...thanks in advance..

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  #12 (permalink)  
Old 05-03-2013, 09:53 AM
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Dear Mark,

Thank you for kind and quick reply..if u remember I emailed u the decision copy of Mrt.As my student visa was refused and i have s48 on me at the moment.is it apply for tempory visa only or even for applying 189 visa also i must be offshore...thank you....


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Old 05-03-2013, 12:45 PM
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Hi -

Is this the gentleman who emailed me today with the MRT decision from the first week in April? If so, let's talk when you can as you've got a limited number of options, each with a time limit.

If you are subject to the section 48 bar (you've had an onshore refusal and have not departed Australia since then), you are extremely limited in the visas you can apply for - essentially in addition to bridging visas, you can apply for a partner or a protection visa - that's it.

Please advise if I can assist further -

Best,

Mark Northam



Quote:
Originally Posted by fateh View Post
Dear Mark,

Thank you for kind and quick reply..if u remember I emailed u the decision copy of Mrt.As my student visa was refused and i have s48 on me at the moment.is it apply for tempory visa only or even for applying 189 visa also i must be offshore...thank you....

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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  #14 (permalink)  
Old 05-03-2013, 12:58 PM
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Dear Mark,

I emailed u in the first week of March...and the visa was refused due to funds...and i applied for federal court to avoid a 3 yr ban by going for ministerial intervention...because i am eligible for 189 and dont want any ban of 3 yrs..do u think i m rite,???
Thanks


  #15 (permalink)  
Old 05-03-2013, 01:06 PM
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Hi Fateh -

Can't comment on court matters as I'm not an attorney, however do note that the 3 year exclusion period that is triggered by some circumstances as only a bar on temporary visa applications - the 189 visa is a permanent visa and would therefore not be subject to the ban. That being said, I would need to do a proper consultation and assessment of your case in order to speak specifically on your case or make any recommendations.

Hope this helps -

Best,

Mark Northam

__________________
Mark Northam
Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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