(Class XB) visa 202 refusal help please

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(Class XB) visa 202 refusal help please


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Old 10-23-2017, 10:41 AM
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(Class XB) visa 202 refusal help please

Hello all i hope I can find someone who is able to help me about our refusal from Australia please take a look on this decision

we are an Iraqi family living in Lebanon 6 persons fled from ISIS

Findings and Reasons I have considered the application for a Refugee and Humanitarian (Class XB) visa, supporting documentation and other evidence against the legislative requirements contained in the Migration Act 1958 and the Migration Regulations 1994.
Class XB contains five visa subclasses (subclasses 200, 201, 202, 203 and 204). To be granted a visa in this class, the applicant must meet all of the primary criteria in one of the subclasses. I am required to assess the applicant against all of the subclasses in class XB.
For all class XB visa subclasses, it is a requirement that there be compelling reasons for giving special consideration to granting the applicant a visa.
As the applicants have been assessed as meeting time of application criteria at 200.211(1), 201.211(1), 202.211(1), 203.211(1) and 204.211(1) I must assess the application against the requirement in subclauses 200.222(1), 201.222(1), 202.222(2), 203.222(1)(b) and 204.224(1)(b) that there be compelling reasons for giving special consideration to granting the applicant a visa, having regard to the following factors:
a) the degree of persecution or discrimination to which the applicant is subject in their home country
b) the extent of the applicantís connection with Australia
c) whether or not there is any suitable country other than Australia that can provide for the applicants settlement and protection and
d) the capacity of the Australian community to provide for the settlement of persons such as the applicant in Australia.
a. Degree of persecution or discrimination
The applicants have demonstrated that they are subject to some degree of persecution or substantial discrimination in their home country.
b. Connection with Australia
The applicants have demonstrated a connection to Australia through their proposer - the applicantís sister - as indicated in the application for a Humanitarian visa.
c. Other suitable country
There is no evidence that there is another country available for the applicants' settlement and protection from persecution or discrimination.
d. Capacity of Australian community
Australia has limited capacity for humanitarian resettlement and cannot resettle all people who apply for a Refugee and Humanitarian visa.
I accept that the applicants are subject to some degree of persecution or discrimination in their home country and have some connection with Australia. Although there is no evidence that there is another country available for the applicants' settlement and protection, Australia does not have the capacity to provide for permanent settlement of all applicants at this time.
Weighing these factors together, I am not satisfied that there are compelling reasons for giving special consideration to granting the applicant a Class XB visa. I find that the primary applicant does not satisfy subclauses 200.222(1), 201.222(1), 202.222(2), 203.222(1) and 204.224(1). As the primary applicant did not satisfy these subclauses, I have also assessed the secondary applicants against them. I find that none of the secondary applicants satisfies subclauses 200.222(1), 201.222(1), 202.222(2), 203.222(1) and 204.224(1).
Assessment against secondary criteria
For all Class XB subclasses, it is a requirement (in clauses 200.311, 201.311, 202.311, 203.311 and 204.311) that secondary applicants made a combined application with a person who meets the primary criteria and be either a member of the family unit or a member of the immediate family of the person, depending on the specific requirement the person meets. As none of the applicants satisfies primary criteria, I find that none of the applicants satisfies clauses 200.311, 201.311, 202.311, 203.311 and 204.311.
Decision On the basis of all of the information available to me, including the documents and information the applicants provided, I find that the criteria for the grant of a Refugee and Humanitarian (Class XB) visa are not met by the applicants.
I find that the applicants do not satisfy the primary criteria in clauses 200.222, 201.222, 202.222, 203.222, 204.224 of Schedule 2 to the Migration Regulations 1994, nor do they satisfy the secondary criteria in clauses 200.311, 201.311, 202.311, 203.311 and 204.311. As such I have not assessed the remaining criteria and the application has been refused.

what are the criteria of this visa to be available in us to consider us as refugees for this type of visa so we know if we are eligible or no so we do not get false hope
thanks


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Old 11-27-2017, 10:47 AM
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185 views and no reply please help


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Old 11-27-2017, 10:49 AM
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what I should do next step can I get the real refusal reason why I get refused as I noticed many of applicants get same letter of refusal !


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Old 11-27-2017, 10:59 AM
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please can you help me in this (guide me)

submitting form 424A based on exactly why my visa application was refused


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Old 11-27-2017, 11:00 AM
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I expect it will be in PAM 3, it is a DIBP policy manual and not what I call publically available. You can get a yearly subscription for around $800.

With such a question on a public forum to get 185 views with no comments - means you did not get 185 comments that are wrong or irrelevant.

You need to contact a good MRA preferable an Australian based one and pay for their services to review your refusal, and supply guidance (by law the need a subscription to PAM 3).

Any other advice on this forum with the exception of it being from one of the regular RMA's will be bad advice.

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Old 11-27-2017, 11:07 AM
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Quote:
Originally Posted by ampk View Post
I expect it will be in PAM 3, it is a DIBP policy manual and not what I call publically available. You can get a yearly subscription for around $800.

With such a question on a public forum to get 185 views with no comments - means you did not get 185 comments that are wrong or irrelevant.

You need to contact a good MRA preferable an Australian based one and pay for their services to review your refusal, and supply guidance (c).

Any other advice on this forum with the exception of it being from one of the regular RMA's will be bad advice.
thanks sir for your reply where I can find one if I had one or know anyone I would not ask here in public ! also I do not know what " PAM 3 " is !!!

please guide me where to go or search or ask

regards


  #7 (permalink)  
Old 11-27-2017, 11:11 AM
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http://www.australiaforum.com/visas-...on-agents.html

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Old 11-27-2017, 11:14 AM
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Thanks sir for fast replay I will see how to contact them thanks very much


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Old 11-27-2017, 11:36 AM
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They all have the contact/s supplied in that link and all very good.

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Old 11-27-2017, 08:01 PM
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You could try:
https://www.refugeecouncil.org.au/
https://www.racs.org.au/
Refugee Action Coalition - Refugee Action Coalition Sydney (RAC) is a community activist organisation campaigning for the rights of refugees in Australia since 1999. : Refugee Action Coalition

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