Unfair rejection !!

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  • 1 Post By Star Hunter
  • 1 Post By CollegeGirl

Unfair rejection !!

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  #1 (permalink)  
Old 02-03-2014, 08:01 PM
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Users Flag! From india

Unfair rejection !!

I got my partner visa rejected by a unfair decision taken by my case officer ,, it was her fault And I got proof !! How far I can take this ?

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Old 02-03-2014, 08:18 PM
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No one can help you until you provide more detail


From: Philippines, Applied: 22 Aug 2012, Applied From: Cebu,Philippines, Visa Sub: 300 Prospective Marriage Visa, Application: Paper, Agent: No, Medicals: 11 Sep 2012, Police Checks: 30 Aug 2012, CO Assigned: 10 Oct 2012, Visa Granted: 04 Jul 2013, To: Australia

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Old 02-03-2014, 08:27 PM
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Partner visa (mrt) refusal
Hi I got married in 2010 , my wife is aus citizen while I am from india .. I applied for partner sponsor
Visa .. I was asked to provide the documents which where submitted by my lawyer at time
But my case officer did a blunder and rejected my file by saying she didn't get the document s on time but my agent gave the proof that documents being received by dept on time and it's her fault that she couldn't locate them !! Which later on she aggreed and she apologise and said she would take rejection back but next day she replied the law doesn't allow to take the rejection back so I have to lodge a mrt which I did ...and while I wa waiting for mrt decision I had no work rights so eventually my relation went worst cause I was not able to support my wife financially .. We separated without divorce and when mrt wanted to see us both .. We were not there because of the fights a nd stress we were not even talking to each other .. And finally mrt rejected my file !! I am still married to her it's been 4 years .. Can someone tell me where is the ray of hope for me ? Can I do something ...

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Old 02-03-2014, 08:44 PM
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Even if you were to attempt to take this further what is the outcome that you want? They won't give you a partner visa given you are separated from your wife now..

Visa: 820/801 Partner (Defacto) from WHV
Nationality: British
Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

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Old 02-03-2014, 08:46 PM
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You've already asked about this. Ministerial Intervention is the last step but since you and your wife are no longer together, I don't see how you can convince the minister that not providing you a partner visa is a mistake.
You should look at other visa options if you want to obtain permanent residency.

186 visa - Temporary Residence Transition stream
Granted Dec 2013

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Old 02-03-2014, 10:21 PM
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I'm confused as to whether you are still separated from your wife or if you have subsequently reconciled?

If still separated, there is nothing you can do because a partner visa is dependant on your actually being in an exclusive partner relationship (married or de facto) with your spouse. Being married and separated doesn't fit that criteria unfortunately.

Even if you feel like the initial decision made was unfair and if you truly believe that your visa would have been granted at that time had your CO not made the mistake, that doesn't change the fact that your relationship now has ended - making you ineligible for the partner visa. MRT can't grant a partner visa to someone not in a partnership with an Australian citizen - despite there being a past relationship.

Of you have subsequently reconciled with your wife, I think the best thing to do would be go offshore and apply for another partner visa offshore, because I truly don't think you will get the result you want going the ministerial intervention route. I think your options after MRT are really limited and at this point, pushing this further is not going to end in the result that you want.

Is it possible for you to apply for a (non partner) visa, such as a skilled visa?

I do wish you well and hope that things work out for you in the end.

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Last edited by Star Hunter; 02-03-2014 at 10:23 PM.

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Old 02-03-2014, 11:25 PM
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Your best option probably would have been to get a really good lawyer to take to MRT with you and attend the MRT meeting they had set for you. I don't know if there's anything they COULD have done given you and your wife separated now, but that might have been your only shot. I think you need to give up on the partner visa, mate, and try to find another way to qualify for a visa, like going back home and retraining for a skill on the skilled occupations list if you don't already have one.

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
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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