801 Refused while applicant is offshore - Page 3

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801 Refused while applicant is offshore - Page 3


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  #21 (permalink)  
Old 10-14-2018, 02:05 AM
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40-50 ticket are over the past 5 years


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Old 10-14-2018, 02:23 AM
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The case officer went by the law and the law is that they can make a decision regardless of where in the world the applicant is. The case officer did not do anything wrong.

If you accept their decision then you have agreed with it. If you do no not agree with their decision then you would not have accepted it.

Running a business here and being a taxpayer has nothing to do with their decision. Their decision is based on if your relationship is genuine or not. If the case officer rejected it then you did not show them enough relationship evidence and any good migration agent should have told you that.

If you did not travel with her in and out of Australia some (or alot) of the times then that would have raised concerns with immigration.

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Old 10-14-2018, 04:21 AM
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Quote:
Originally Posted by We have contacted the Imm View Post
The way the case worker decided to deliver her decision and her reasons to do it this way - is very unusual and questionable.

I hope this clarifies our situation a bit more.
It does not clarify the situation for me at all. Without seeing the full decision letter and reviewing the entire background of the case, there is little point in discussing it.It may well be the case that a serious error has been made or that the decision maker has acted improperly, there may be other matters at play; we simply do not know.

Note however that the PAMs also state the following:

26.1 Whereabouts of visa applicant at time of grant

A sc. 801 visa may be granted whether the applicant is in Australia or outside Australia.

If the applicant is outside Australia when an officer is assessing the application, depending on the circumstances of the case, the officer can either proceed to:
  • grant or refuse to grant the visa or
  • if the applicant is known to be outside Australia only temporarily, delay making a decision until the applicant has returned to Australia

In other words, the decision is totally discretionary. Whether the decision maker should have exercised their discretion or not, of course depends very much on the reason for the refusal and the circumstances of the applicant.

Being offshore while waiting for a visa decision always carries an additional risk.

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Last edited by CCMS; 10-14-2018 at 06:20 AM.

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  #24 (permalink)  
Old 10-14-2018, 04:29 AM
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We did travel together overseas to visit my wifes sick mother three times, I did travel to Switzerland on number of occasions.
we have supplied relevant proof of our genuine relationship and commitment to each other, including my Western Union transfers for 24 hour care for my wifes mother over the past 12 months.
this is not the case. there was no reason to ignore the Policy, advising not to issue the refusal when person is offshore. nothing other then deliberate intent to prevent ua going to AAT. why ? I don't know.
Any way, thank you for trying to make sense of all this.
As to the new application - We have our reservations.
At the moment we do not have much faith in the fairness of the departments procedural protocol.


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Old 10-14-2018, 04:39 AM
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Quote:
Originally Posted by We have contacted the Imm View Post

There was no reason to ignore the Policy, advising not to issue the refusal when person is offshore. nothing other then deliberate intent to prevent us going to AAT. Why ? I don't know.

At the moment we do not have much faith in the fairness of the departments procedural protocol.
Again, it depends on the actual reason for the refusal which you will not reveal (not expecting you to do that here, but it does limit my understanding of your case). If your case was sound and the evidence was good, why would the permanent visa be refused?

I am sympathetic to your plight, but have learned over the years not to draw any conclusions unless I can completely asses all the circumstances and available documentation.

Again policy is not law and case officers often ignore Departmental Policy Advice or receive advice "from above" to act in a certain way.

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Last edited by CCMS; 10-14-2018 at 06:21 AM.

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Old 10-14-2018, 05:20 AM
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Do not expect fairness or reasonableness from Australian immigration. The best to be hoped for is the letter of the law, and not always that.

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