Need advise for refusal 820 onshore

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Need advise for refusal 820 onshore


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  #1 (permalink)  
Old 07-18-2019, 01:14 PM
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Unhappy Need advise for refusal 820 onshore

Hello everyone,

I just received a reject letter from DP and I'm very sad at the moment. I'm feeling like heart-broken. I'm posting to seek the advice on what I need to do in the next step.

This is my case:

  • On 29 November 2008,I arrived in Australia as the holder of a Student (subclass 573) visa;
  • On 13 August 2013, you were granted a Student (subclass 572) visa;
  • On 24 April 2015, you were granted a Student (subclass 573) visa;
  • On 14 November 2016, you were issued with a Notice of Intention to Consider Cancellation of your Student (subclass 573) visa;
  • On 24 November 2016, you lodged a Partner (subclass 820/801) visa application and were subsequently granted a Bridging (subclass A) visa;
  • On 1 December 2016, your Student (subclass 573) visa was cancelled on the basis that you had not been enrolled in a registered course of study since 10 December 2015 and you became an unlawful non-citizen;
  • On 25 June 2018, you were granted a Bridging (subclass E) visa;
  • You are the current holder of a Bridging (subclass E) visa

Also, they stated in the rejection letter that they were concerning about our marriage timing line.

* We lodge partner visa and marriage on the same day. We opened a joint bank account one day after that

I applied for the visa via an Immigration Agent. The reason they rejected is my relationship is not genuine. I provided many photos, utility under name of us, joint account... but it couldn't convince DP staff at all.

My question is should I come back to my home country and apply for the visa again or I keep going with ATT review? If I applied for AAT what is my chance of winning the case?

Thank you very much.


Last edited by holee; 07-18-2019 at 01:22 PM. Reason: Provide more details

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  #2 (permalink)  
Old 07-18-2019, 07:29 PM
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Quote:
Originally Posted by holee View Post
Hello everyone,

I just received a reject letter from DP and I'm very sad at the moment. I'm feeling like heart-broken. I'm posting to seek the advice on what I need to do in the next step.

This is my case:

  • On 29 November 2008,I arrived in Australia as the holder of a Student (subclass 573) visa;
  • On 13 August 2013, you were granted a Student (subclass 572) visa;
  • On 24 April 2015, you were granted a Student (subclass 573) visa;
  • On 14 November 2016, you were issued with a Notice of Intention to Consider Cancellation of your Student (subclass 573) visa;
  • On 24 November 2016, you lodged a Partner (subclass 820/801) visa application and were subsequently granted a Bridging (subclass A) visa;
  • On 1 December 2016, your Student (subclass 573) visa was cancelled on the basis that you had not been enrolled in a registered course of study since 10 December 2015 and you became an unlawful non-citizen;
  • On 25 June 2018, you were granted a Bridging (subclass E) visa;
  • You are the current holder of a Bridging (subclass E) visa

Also, they stated in the rejection letter that they were concerning about our marriage timing line.

* We lodge partner visa and marriage on the same day. We opened a joint bank account one day after that

I applied for the visa via an Immigration Agent. The reason they rejected is my relationship is not genuine. I provided many photos, utility under name of us, joint account... but it couldn't convince DP staff at all.

My question is should I come back to my home country and apply for the visa again or I keep going with ATT review? If I applied for AAT what is my chance of winning the case?

Thank you very much.
You haven't really given enough information for anyone to give any real advise. A coupe of points and information once answered will help out.
First up was the agent registered?
While you give details of your visa history the is no mention of the relationship history, it's the more important history for this.
Did you address why you were unlawful in the country for 2 years before you addressed the issue?
In terms of the evidence you mentioned you provided. The partner visa is a time of application kind of visa so you must meet the criteria at the time you applied. Photos are only secondary evidence and only really help of they are over a period of time, like a progression of the relationship. If they are just over a short period then don't mean much.
Were the bills provided from prior to applying?
A new joint account doesn't amount to anything, easy to obtain and with no use it proves nothing.


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Old 07-18-2019, 08:33 PM
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Go and talk to an experienced Registered Migration Agent and get them to advise you if there is any merit in an appeal.

Many partner visa refusals are overturned at the AAT if a sufficiently strong case is presented.

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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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  #4 (permalink)  
Old 07-18-2019, 10:27 PM
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Quote:
Originally Posted by holee View Post
Hello everyone,

I just received a reject letter from DP and I'm very sad at the moment. I'm feeling like heart-broken. I'm posting to seek the advice on what I need to do in the next step.

This is my case:

  • On 29 November 2008,I arrived in Australia as the holder of a Student (subclass 573) visa;
  • On 13 August 2013, you were granted a Student (subclass 572) visa;
  • On 24 April 2015, you were granted a Student (subclass 573) visa;
  • On 14 November 2016, you were issued with a Notice of Intention to Consider Cancellation of your Student (subclass 573) visa;
  • On 24 November 2016, you lodged a Partner (subclass 820/801) visa application and were subsequently granted a Bridging (subclass A) visa;
  • On 1 December 2016, your Student (subclass 573) visa was cancelled on the basis that you had not been enrolled in a registered course of study since 10 December 2015 and you became an unlawful non-citizen;
  • On 25 June 2018, you were granted a Bridging (subclass E) visa;
  • You are the current holder of a Bridging (subclass E) visa

Also, they stated in the rejection letter that they were concerning about our marriage timing line.

* We lodge partner visa and marriage on the same day. We opened a joint bank account one day after that

I applied for the visa via an Immigration Agent. The reason they rejected is my relationship is not genuine. I provided many photos, utility under name of us, joint account... but it couldn't convince DP staff at all.

My question is should I come back to my home country and apply for the visa again or I keep going with ATT review? If I applied for AAT what is my chance of winning the case?

Thank you very much.
I recommend speak to a registered migration agent as this your case is complicated.

https://www.australiaforum.com/visas...on-agents.html

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801 Granted: 14 May 2019

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Old 07-18-2019, 10:28 PM
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I agree with the above comments that you should be speaking with a registered migration agent, this isn't something that can be easily answered through an online forum.

Since it sounds like you got married and lodged your partner visa application 10 days after being informed they were considering cancelling your visa, it's only natural that the timing looks very questionable so this should have ideally been dealt with in your application (e.g. perhaps showing the relationship was well established long before marriage).

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Old 07-18-2019, 11:51 PM
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Quote:
Originally Posted by Aussie83 View Post
You haven't really given enough information for anyone to give any real advise. A coupe of points and information once answered will help out.
First up was the agent registered?
While you give details of your visa history the is no mention of the relationship history, it's the more important history for this.
Did you address why you were unlawful in the country for 2 years before you addressed the issue?
In terms of the evidence you mentioned you provided. The partner visa is a time of application kind of visa so you must meet the criteria at the time you applied. Photos are only secondary evidence and only really help of they are over a period of time, like a progression of the relationship. If they are just over a short period then don't mean much.
Were the bills provided from prior to applying?
A new joint account doesn't amount to anything, easy to obtain and with no use it proves nothing.
1. The agent was registered
2. History relationship:
* We met on March/2015
* 01/07/2015 me and my sponsor commenced an official relationship
* 23/11/2016 me and my sponsor were married and I moved in with my sponsor at her father's house.
* 01/2017, my wife travelled to my contrountry to visit my family.

3. I applied 820 and marriage on 23/11/2016 and have BVA
Got studen visa canceled on 01/12/2016 so the BVA was canceled. My agent didn't know that my BVA was canceled until they have looked at my case on 06/2018 and they called me and we went to Immigration Office to get BVE on the next day.


Last edited by holee; 07-18-2019 at 11:57 PM.

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  #7 (permalink)  
Old 07-18-2019, 11:51 PM
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You haven't provided us with enough details. It is important to know how long you were together before getting married. For example: if you met 1 January and then got married 1 or 2 months later of course immigration are going to question it and have concerns especially when there is a notification of consideration to cancel your student visa.

Speak to a migration agent is my advice.


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  #8 (permalink)  
Old 07-18-2019, 11:54 PM
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Please update your flag here .

Thanks for all the reply. I am aware that my case was complicated and I will seek advice from a registered migration agent. Can you recommend me any good RMA in Melbourne can handle this, please?


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  #9 (permalink)  
Old 07-18-2019, 11:56 PM
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"I note that you and sponsor were married 10 days after you were issued a Notice of Intention to Cancel you Student (subclass 573) visa on the basis that you had not been enrolled in a registered course of study since 10 December 2015. You lodged this Partner visa application the day after you and your sponsor were married and your Student (subclass 573) visa was cancelled a week after you lodged this Partner visa application. I find that the timing of your and your sponsor’s marriage raises concerns regarding your motivation for marrying your sponsor and lodging this visa application as you had limited options for remaining in Australia at the time of your marriage"

This is what I quoted in the refusal letter. I think this is why the officer refused my application. What do you think of this and how can I explain for the officer?
Thanks


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  #10 (permalink)  
Old 07-19-2019, 12:02 AM
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There are a few things you will need to address. Why did you get married so soon after the intention to cancel the student visa? Why did you lodge your application the day after you got married? (Most people do not do it the next day it is usually atleast a couple of weeks even if they are not on a honeymoon). Why did your wife not travel to your country before marriage? (Also it is not clear if you went with your wife it you did then that is another concern).

What country are you originally from? As some countries they are more strict with especially as some nationalities have a high rate of marrying Australians to stay in Australia when they are on a student visa.

Sheldonpk likes this.


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