Student visa cancelled & the college that did this has closed down

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Student visa cancelled & the college that did this has closed down


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Old 09-10-2013, 11:49 PM
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Student visa cancelled & the college that reported me has been closed

Hi I have this complicated situation... I was studying in Ivy business college in 2010, I was not too happy with the services there so I changed the college without informing them. Got myself enrolled in a different institution(same course) & continued my studies there, but Ivy reported me for non complaince of attendance
My student visa was cancelled in 2010 due to non compliance of attendance. I was given time for any submission to the Immigration which I did but Immigration refused it, we then applied for MRT & we lost again now my case is in Federal Magistrates Court I'm on a bridging visa E (no travel) early this year I found out that the dodgy college that reported me has been Shut due to its registration was cancelled by ETS under section 46 D of the Education Services for Overseas Students Act 2000( dont know what that is)
My question is weather I have a strong case to argue or not Or withdraw my application & apply for a partner visa?
My wife is Australian citizen(its only been 10 months we married) & I'm also looking to apply for a partner visa will Immigration waive the Schedule 3 criteria?
I'm honestly not at fault, a simple mistake has given me trouble of my life... Its been 6 years since I'm here & I never visited back my country. No reason could allow me to travel.

Thanks for reading & any help would be very appreciated.


Last edited by Ahmed7; 09-11-2013 at 12:25 AM.

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Old 09-11-2013, 10:42 AM
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Quote:
Originally Posted by Ahmed7 View Post
Hi I have this complicated situation... I was studying in Ivy business college in 2010, I was not too happy with the services there so I changed the college without informing them. Got myself enrolled in a different institution(same course) & continued my studies there, but Ivy reported me for non complaince of attendance
My student visa was cancelled in 2010 due to non compliance of attendance. I was given time for any submission to the Immigration which I did but Immigration refused it, we then applied for MRT & we lost again now my case is in Federal Magistrates Court I'm on a bridging visa E (no travel) early this year I found out that the dodgy college that reported me has been Shut due to its registration was cancelled by ETS under section 46 D of the Education Services for Overseas Students Act 2000( dont know what that is)
My question is weather I have a strong case to argue or not Or withdraw my application & apply for a partner visa?
My wife is Australian citizen(its only been 10 months we married) & I'm also looking to apply for a partner visa will Immigration waive the Schedule 3 criteria?
I'm honestly not at fault, a simple mistake has given me trouble of my life... Its been 6 years since I'm here & I never visited back my country. No reason could allow me to travel.

Thanks for reading & any help would be very appreciated.
Hi Ahmed7

The strength of your case in the Federal Magistrates Court (now it's called the Federal Circuit Court) depends upon what you wrote to DIAC when it considered the cancellation of your student visa and what the MRT did when reviewing the DIAC's decision. So I think you need to find someone who is prepared to go through the relevant documents.

Apart from the strength of the case, you also need to consider the costs implication when deciding whether or not to withdraw your case. I suspect that DIAC will not agree to a consent order dismissing the case with no order as to costs. If so, you will have to withdraw your case without the Minister's consent. Then, the costs will be automatically ordered against you and unless you pay the costs, it will become the Commonwealth debts. If you have the Commonwealth debts, DIAC may refuse to grant you a visa.

The Minister may or may not have incurred big costs yet. So you had better be quick to make an assessment of the strength of your case.

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Old 09-11-2013, 10:52 AM
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Uve been married to oz citizen for 10 months why don't u just lodge partner visa?

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Old 09-11-2013, 11:10 AM
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Originally Posted by chicken999 View Post
Uve been married to oz citizen for 10 months why don't u just lodge partner visa?
I was not a holder of substantive visa for a period in excess of 28 days therefore I must address additional Schedule 3 criteria, in addition to satisfying the standard Partner visa criteria.

(For those who are not aware of Schedule 3 Criteria) - Compelling Reasons:

Generally, the circumstances in which compelling reasons are considered to exist are, at the time of application:

That there are Australian-citizen children from the relationship;
or
That the Applicant and their sponsor are already in a long-standing Spouse relationship (taken to be a relationship which existed for at least 2 years.)

However, this does not mean that only those cases with such circumstances are considered to be compelling and there may be other compelling reasons in your case.


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Old 09-11-2013, 11:17 AM
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Hi Ahmed7

The strength of your case in the Federal Magistrates Court (now it's called the Federal Circuit Court) depends upon what you wrote to DIAC when it considered the cancellation of your student visa and what the MRT did when reviewing the DIAC's decision. So I think you need to find someone who is prepared to go through the relevant documents.

Apart from the strength of the case, you also need to consider the costs implication when deciding whether or not to withdraw your case. I suspect that DIAC will not agree to a consent order dismissing the case with no order as to costs. If so, you will have to withdraw your case without the Minister's consent. Then, the costs will be automatically ordered against you and unless you pay the costs, it will become the Commonwealth debts. If you have the Commonwealth debts, DIAC may refuse to grant you a visa.

The Minister may or may not have incurred big costs yet. So you had better be quick to make an assessment of the strength of your case.

I have been quoted $4500 if I choose to withdraw my case from Federal Circuit Court & another $4000+ to lodge partner visa application. I'm ready to apply for a partner visa but is my reasons compelling enough? My wife has to undergo a nose surgery soon & our doctor has advised I should take care of her & gave us a letter to submit to the immigration stating this & few other medical reasons.


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Old 09-11-2013, 11:27 AM
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Oh wow I never heard of that schedule I'm so sorry u are going through this it really sux. Are the fees u quoted lawyer fees or visa fees ?

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Old 09-11-2013, 01:41 PM
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Quote:
Originally Posted by Ahmed7 View Post
I have been quoted $4500 if I choose to withdraw my case from Federal Circuit Court & another $4000+ to lodge partner visa application. I'm ready to apply for a partner visa but is my reasons compelling enough? My wife has to undergo a nose surgery soon & our doctor has advised I should take care of her & gave us a letter to submit to the immigration stating this & few other medical reasons.
A quick look at a few recent decisions in the Federal Circuit Court gave me an impression that the sum of the costs normally awarded may be roughly somewhere between $5,000 - $6,500. So $4,500 may not be much cheaper than going to the full hearing and lose. If you win, the Minister will be ordered to pay your costs. I have not checked the nature of the cases I had a look. It may be worth researching a bit about the costs if you want to wait for some time before applying for a partner visa.

As for the Sch 3 exemption, unfortunately I do not have information more than you have. So I hope someone else who has an experience will respond. If no one replies to your Sch 3 question, perhaps you should send a message to Mark Northam who is a migration agent and a moderator of this forum. He is very good.

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Old 09-11-2013, 01:50 PM
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Hi All -

Thanks for the kind recommendation, PC! RE: Schedule 3, often compelling and compassionate reasons can be provided on the basis that if the applicant is not allowed to be granted the visa, that would force the applicant AND sponsor to leave Australia in order to remain together, which then brings in the benefits lost to Australia by the sponsor's departure. That being said, Schedule 3 submissions need to be detailed and accurate in order to have a good chance of success, and must relate directly to the particular Schedule 3 criteria that are applicable for the visa you are applying for. If you are thinking of doing a Sched 3 submission yourself, I would strongly recommend you read Schedule 3 very carefully, word for word, and make sure you understand it fully. Then write your submission keeping in mind how you can link your circumstances to the regulations.

My point in being here is not to sell services, but to help people. That being said, I recommend that anyone considering a Schedule 3 situation look at getting professional assistance from a registered migration agent, especially if their circumstances are complex. The most common mistake people make in writing their own Schedule 3 submissions is arguing (or re-arguing) the merits of their visa application or relationship evidence, etc rather than addressing the specific requirements and regulations involved in Schedule 3.

Hope this helps -

Best,

Mark Northam

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Old 09-13-2013, 01:41 AM
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Originally Posted by MarkNortham View Post
Hi All -

Thanks for the kind recommendation, PC! RE: Schedule 3, often compelling and compassionate reasons can be provided on the basis that if the applicant is not allowed to be granted the visa, that would force the applicant AND sponsor to leave Australia in order to remain together, which then brings in the benefits lost to Australia by the sponsor's departure. That being said, Schedule 3 submissions need to be detailed and accurate in order to have a good chance of success, and must relate directly to the particular Schedule 3 criteria that are applicable for the visa you are applying for. If you are thinking of doing a Sched 3 submission yourself, I would strongly recommend you read Schedule 3 very carefully, word for word, and make sure you understand it fully. Then write your submission keeping in mind how you can link your circumstances to the regulations.

My point in being here is not to sell services, but to help people. That being said, I recommend that anyone considering a Schedule 3 situation look at getting professional assistance from a registered migration agent, especially if their circumstances are complex. The most common mistake people make in writing their own Schedule 3 submissions is arguing (or re-arguing) the merits of their visa application or relationship evidence, etc rather than addressing the specific requirements and regulations involved in Schedule 3.

Hope this helps -

Best,

Mark Northam
Hi Mark
Appreciate your help...We discussed with everyone we could and now I'm ready to lodge my partner visa.
But I have 2 main concerns ;

1. The college that reported me has been shut but Govt Officials, would this reason make any difference on Schedule 3 criteria?

2. My wife has to undergo a nose surgery as she has problem breathing and few other medical conditions like Raised insulin levels,Polycystic ovaries and Pelvic pain which required hospital treatment, the doctor has given us a letter stating her medical conditions and stated she would find it impossible to continue with work and study without her husband.

Do you think this is compelling enough?

Thanks


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Old 09-13-2013, 01:59 AM
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Hi Ahmed7 -

My view is that these 2 circumstances, combined with whatever other details you may be able to put together, would likely be compelling and satisfy many of the criteria of Schedule 3 if properly presented.

Best,

Mark Northam

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