189 visa and court case

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189 visa and court case


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Old 04-18-2013, 12:25 PM
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189 visa and court case

Dear Mark,

As I have already discussed in the forum that I am going to apply for 189 visa. I have a confusion if you can assist me in this matter.i got my student visa refused in 2011 from immi and then refferred to MRT , i got the same refusal from mrt as well .. I felt that being a genuine student the decision taken against me was unfair and therefore i applied for federal
Court... Now as i am waiting for my skill assessment from ANMAC and as soon as i get one i have planned to withdraw my case from fedearl court and apply for 189 visa.. So do u thnk my federal court case will effect the result of my 189 visa application as i t could show that I have been to a court in my life...
I understand Mark u r a very busy person however ur reply could make me bit relax ...
Thank you fir your time...
Any friends also plz give me some suggestions...thks everyone


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Old 04-19-2013, 03:36 AM
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Can i get some advice please....


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Old 04-19-2013, 03:51 AM
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If you're anxious to hear from Mark specifically, you might be better off sending him a private message.

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Old 04-19-2013, 04:35 AM
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Dear college girl,

Thks for advise however if u hav knowledge regarding this can u please tell me something


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Old 04-19-2013, 06:23 AM
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Hi fateh

If you withdraw from the proceeding, normally a costs order is made against you. If you do not pay the costs, it will become a debt to the Commowealth which prevents you from obtaining a visa unless you persuade DIAC to allow you to repay by installment. In my understanding, DIAC usually requires the initial payment immediately and the required sum of the initial payment is often not small. You have to take this into consideration when you decide whether or not you withdraw your proceeding.

Are you aware that there is a deadline for withdrawal of a proceeding without leave of the court? Under the rules of the court (whichever court you are in), you can only withdraw your proceeding whatever days prior to the final hearing without applying to the court. You need to check the rules of the court about this. If you need leave, DIAC may oppose and the judge may not grant. Who knows. If DIAC opposes, it is likely that they turn up to the court with all the preparation for the final hearing and demand all the costs to be paid by you regardless of the proceeding being withdrawn or proceeded with.


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Old 04-20-2013, 04:10 AM
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Thks for the info Problemchild,

Do u mean that if I pay everything there would not be a problem with my grant of the visa. As my case was about student visa refusal in the court and i am going to apply for 189 visa on different grounds( based on my nursing qualification), is it like we will not get any character refusal in 189 visa.because one of mu friend told me there is a possibilty of not getting your permanent residence approved because of going to court for some reasons even if u clear all the payments....


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Old 04-20-2013, 07:08 AM
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Quote:
Originally Posted by fateh View Post
Thks for the info Problemchild,

Do u mean that if I pay everything there would not be a problem with my grant of the visa. As my case was about student visa refusal in the court and i am going to apply for 189 visa on different grounds( based on my nursing qualification), is it like we will not get any character refusal in 189 visa.because one of mu friend told me there is a possibilty of not getting your permanent residence approved because of going to court for some reasons even if u clear all the payments....
Hi fateh

Unfortunately, I have no idea as to whether or not you will have problems by having gone to the court in a migration case. All I know is that withdrawal of a court case could cause you problems. It may well be the case that the refusal of your student visa application will result in some problems either in law or in practice when you try to apply for another visa. But I simply do not know. Sorry I may not be of much help.


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Old 04-20-2013, 08:08 AM
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Hi Fateh -

Merely having gone to court isn't a bar to apply for or being approved for another type of visa. That being said, as ProblemChild said previously, a debt to the Commonwealth that is not under an approved payment plan would be a problem, and if you have not departed Australia since your onshore student refusal, you have a Section 48 bar on further onshore applications until you depart.

Hope this helps -

Best,

Mark Northam

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Old 04-20-2013, 09:26 AM
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Thks for ur kind advice Mark and Problemchild


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Old 05-02-2013, 12:37 PM
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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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