Citizenship...Same Situation & Different Decision

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Citizenship...Same Situation & Different Decision


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Old 02-01-2014, 09:26 AM
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Citizenship...Same Situation & Different Decision

Hi Everybody,

I came to Sydney on jan 2006 and I was granted PR on 26/11/12. on 26/11/2013 I applied for Citizenship with all my documents and it was refused because i was Unlawful from 18/08/2012 to 23/08/2012. (6 days)

I traveled overseas on 31/07/2011 to 5/09/2011. I was holding 485 visa at that time, where as i also got bridging visa for 885.Immigration System ceased my Bridging visa 885 when i traveled overseas on 31/07/2011 believing that, i do not have Bridging Visa B, but in reality i cannot get Bridging visa B if i am already holder of any other visa. Bridging visa is inactive, until my current visa expire.

Now, from 5/09/2011 when i came back to Australia, i was never informed by department by any means that, my 885 Bridging Visa is ceased, although they have all required up to date information, email, phone, mobile.. .

I also used to check my status online which shows, nothing except my current visa, because 885 visa will only come in effect until my current visa expire. Finally, when GSM 485 Visa expired, I received call form my work (I do not have VISA..).

I contacted the department and they ask me to fill out the form to reinstate my Visa, it too me 6 days (18/08/2012 to 23/08/2012). Now department says, I was unlawful for 6 days and therefore, cannot meet the Citizenship Requirement.

My point is 1) Another friend of mine who has exactly same problem and ask for Administrator error around a year ago and they accept his application for citizenship but refused mine. 2) How can i be unlawful, without applying for New visa. This is because I apply one page form to reinstate my visa, i did not made new application for visa. This means, I had visa and System does not recognized me.

I have lodge my application for AAT Tribunal to have look at my case. Do you thik my both points will help me in any way .

Any help or suggestion will be highly appreciated.

Regards


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Old 02-01-2014, 05:51 PM
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I can't comment on your friend's situation. But when bridging visas are issued, they do specifically state what happens if you travel outside Australia, i.e. the bridging visa is cancelled. It's not DIBP's responsibility to let you know your briding visa has been cancelled, especially since they already told you it would be if you travelled.

Sorry, I don't think you will be successful in having this changed, and that you'll have to wait until 26/11/2016 to apply for Citizenship. I assume you were given a Bridging Visa E when you applied for a new bridging visa in Aug 2012? The BVE doesn't count towards citizenship so your 4 years countdown would start from the date your PR was granted.

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Old 02-02-2014, 11:01 AM
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Thank you for your reply. I know its difficult. I have already lodge review at AAT and I am going to attend that with those above points. My friend has exactly same situation and i am taking him with me on the day of review at AAT. Do you think they will consider this precedent.

Any help or suggestion will be highly appreciated.

Regards


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Old 02-02-2014, 11:22 AM
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I wish you luck with your situation, however you should know that an inactive bridging visa A can be the basis for issuing a Bridging Visa B - you do not have to wait until your BVA activates before applying for a BV-B - the BVA only has to be issued (not activated). We make these applications routinely for people who are on another visa, and their BVA is scheduled to activate while they are out of the country. It's the only way to easily get them back in on the BV-B.

Best of luck at the AAT - if you're not getting professional assistance with your AAT matter, suggest you do a thorough search of previous cases to see if you can find a precedent that would assist you. Don't just bring your friend, but get a copy of his case and include that in your submission to the AAT. The AAT is a lot more formal and like "court" than the MRT or RRT, and the better prepared you are beforehand, the better chance you have of success.

Best of luck -

Best,

Mark Northam

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Old 02-02-2014, 12:20 PM
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Thanks , that's big help.. Much appreciated... Cheers


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Old 02-03-2014, 12:55 AM
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I looked into becoming an Australia Citizen. They tell me I have to swear an Oath of Allegiance to "Australia". When I asked them if I could swear an Oath to the "Commonwealth of Australia" as I didn't recognise "Australia" on its own I am told now.

So apparently if I swear an Oath I have to swear to a name and not a country.

WTF?


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Old 02-03-2014, 01:05 AM
NSW NSW is offline
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Is only an excuse, is probably because you're not white and "anglo-celtic" ...


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Old 02-03-2014, 01:06 AM
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NSW your a dumb ass.

I am white,

I'm English from the UK

Problem I understand law and most people don't.


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Old 02-03-2014, 01:06 AM
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I'm not sure what the issue is. Australia is the name of the country.

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Old 02-03-2014, 01:07 AM
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I can walk into a court trial for a parking ticket and get it dismissed because I know there Roman Curia law doesn't apply to me a man.

Have you heard of the Constitution of Australia. It's a list of all your rights. If you haven't read it then you are a slave.

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