Refused prospective marriage visa PLEASE HELP

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Refused prospective marriage visa PLEASE HELP


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Old 01-19-2014, 11:47 AM
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Refused prospective marriage visa PLEASE HELP

Please please help me(26/male/Aus citizen) I don't know what to do!
My Thai fiancée(29/female) was just refused her prospective marriage visa after waiting a year, due to a mentally disabled 9 year old non-migrating dependant(adopted son) that lives with her and her mum.
Even though the boy was always intended to live with my fiancée's mum in Thailand indefinitely

We love each other deeply and are willing to do anything to be together in Australia but We failed 4007(1)(c)(ii)(A)

At the time of decision the applicant must satisfy subclause 300.226 which states that:
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 300 visa is a person who:
(b) satisfies public interest criterion 4007(1)(c) which states:
(c) subject to subclause (2), is not a person who has a disease or condition to which the following subparagraph applies.
(ii) provision of the health care or community services relating to the disease or condition would be likely to:
(A) result in a significant cost to the Australian community in the areas of health care and community services.
regardless of whether the health care or community services will actually be used in connection with the applicant;

We can get this ruling reviewed by the migration review tribunal but I fear we will wait another year only to fail again

Please any help or advice will be appreciated!


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Old 01-20-2014, 03:20 AM
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Unfortunately, you probably are not going to be successful with MRT, especially if you don't get professional help. It doesn't matter that he's non-migrating now - because you would have the right to bring him over later, they're looking at what his projected cost to the public could end up being, and if he's mentally disabled they unfortunately cost that pretty high.

In my opinion, your only chance at this point is to get a really good migration agent involved who specializes in medical cases like this. George Lombard and Peter Bollard both come highly recommended. I used George for my PMV (I had medical issues of my own) and he and his team were very professional/helpful.

I realize migration agents aren't inexpensive, but you can at least contact one or both of them and ask if there's any way you'd have a shot, or if it's a lost cause - if you don't have a chance, they would tell you that honestly.

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Old 01-20-2014, 04:49 AM
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Thanks, we will seek professional help from a lawyer/migration agent.
Also we are considering having the boy lawfully adopted by sort of unrelated cousins. That's just to remove the risk that we would try to bring him here in the future.
Do u think that would help ?


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Old 01-20-2014, 06:08 AM
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I'm not sure. It might. This is not a common enough situation that a layperson like me can help you. Talk to one of the agents I recommended - they'll help you.

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Visa #2: Subclass 820 (From PMV).
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Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 01-20-2014, 09:24 AM
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Quote:
Originally Posted by Thadavid View Post
Please please help me(26/male/Aus citizen) I don't know what to do!
My Thai fiancée(29/female) was just refused her prospective marriage visa after waiting a year, due to a mentally disabled 9 year old non-migrating dependant(adopted son) that lives with her and her mum.
Even though the boy was always intended to live with my fiancée's mum in Thailand indefinitely

We love each other deeply and are willing to do anything to be together in Australia but We failed 4007(1)(c)(ii)(A)

At the time of decision the applicant must satisfy subclause 300.226 which states that:
(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 300 visa is a person who:
(b) satisfies public interest criterion 4007(1)(c) which states:
(c) subject to subclause (2), is not a person who has a disease or condition to which the following subparagraph applies.
(ii) provision of the health care or community services relating to the disease or condition would be likely to:
(A) result in a significant cost to the Australian community in the areas of health care and community services.
regardless of whether the health care or community services will actually be used in connection with the applicant;

We can get this ruling reviewed by the migration review tribunal but I fear we will wait another year only to fail again

Please any help or advice will be appreciated!
This is made me feel sick and more sick to know that your government made u wait a year while you are on fire to reject you .. man you should sue them .. this is not right at all.

I'm sorry for you man.


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Old 01-20-2014, 10:01 AM
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Sue them based on what? You haven't even applied yet Adam and you have a lot of hostility towards the system!

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Old 01-20-2014, 01:44 PM
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Unfortunately my government is very heartless when it comes to love and immigration
Me and my fiancée feel very depressed, like our world may end
If I could live there to be with her I would
We are going to pay for the professionals to help us and maybe ask my fiancée's cousin to lawfully adopt the boy in Thailand
And wait another year...
So slow


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Old 01-20-2014, 02:25 PM
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So sorry to hear that


Last edited by akinawamomo; 01-20-2014 at 02:28 PM.

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Old 01-20-2014, 08:00 PM
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Unfortunately the government has to take a very pragmatic approach when it comes to medical issues, and where they feel the cost to the system could be too high then they will refuse the visa. It may seem heartless or unfair, but they have to consider these issues when considering the cost to Australians (who in many cases are also competing for the same medical resources and funding).

I must admit my first thought was wondering if it's possible for your fiancee's mother or other family member to legally adopt her son, but I have no idea if this is possible in her country and whether that would then allow her visa to be processed. Good luck with however you decide to proceed.

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