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Please Help!!


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Old 10-26-2010, 06:27 AM
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Please Help!!

Hi everybody,

I have been waiting for my 820 on-shore application for 14 months now! Currently on a bridging visa, before that 2 years on a 457 visa.

My partner, an Australian citizen by birth, and I have been living together in Europe and Australia for more than 5 years now and our evidence is quite solid (backed up by 8 AUS stat. decs. photos, rental agreements, bills, joint bank accounts, jointly owned property).

I am a LR citizen, born in a HR country. 457 ASIO security clearance happened within 6 weeks.

Upon requests to check for the current status with my CO, my immigration lawyer tells me to be patient (a bit hard after 14 months).

I have three questions:

1) Would you advise me to change my lawyer so late in the process or would that just raise unnecessary suspicion with DIAC? I find it harder to deal with my lawyer than with DIAC!

2) 8 months into the process, my (new) CO asked me to provide additional information - she had just copied the initial checklist despite the fact DIAC stated at the beginning of the process that my attachements were sufficient and I only had to wait for security clearance. When I called, it became apparent that she had not even looked at my exisiting file. Hence I hired the immigration lawyer. Is that normal procedure?

3) Is it worth it, to raise my long processing time as formal complaint with DIAC or could this have adverse effects?

This whole process is really starting to affect me. I don't know anybody with such a long wait for an onshore 820. And the fact that, instead of following up, my lawyer tells me to be patient, is so frustrating.


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Old 10-26-2010, 10:05 AM
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Sounds like you applied yourself before you had a lawyer and really for you to decide if you want to keep those services.
I'd not think it would raise suspicions re you deciding to go back to DIY and if the application was already in, not much a lawyer or agent could really do.
A new CO as well as obviously getting up to speed with a case would likely not always accept decisions of others as they have a responsibility for the case.
Also up to you what you do next and though not advice, I doubt whether I would have involved a lawyer in the first place and I would have enquired more of the CO myself.
With different COs being involved, possibly some gap in between and depending on what level of security check is occurring, it could be that which is causing the time you have waited for the asylum seeker issue building for Australia is creating an enormous demand re security checks and with only so many people involved in those activities it will mean longer process times.





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Old 10-26-2010, 10:47 AM
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Originally Posted by Wanderer View Post
Sounds like you applied yourself before you had a lawyer and really for you to decide if you want to keep those services.
I'd not think it would raise suspicions re you deciding to go back to DIY and if the application was already in, not much a lawyer or agent could really do.
A new CO as well as obviously getting up to speed with a case would likely not always accept decisions of others as they have a responsibility for the case.

Also up to you what you do next and though not advice, I doubt whether I would have involved a lawyer in the first place and I would have enquired more of the CO myself.

With different COs being involved, possibly some gap in between and depending on what level of security check is occurring, it could be that which is causing the time you have waited for the asylum seeker issue building for Australia is creating an enormous demand re security checks and with only so many people involved in those activities it will mean longer process times.
Thank you for the response. I tried to enquire with the CO, but she was less than co-operative. I am really not exaggerating when I say that she re-requested all files that I had provided in the initial application (except for the forms). I was very surprised about her way to handle the transition from the other CO, i.e. essentially sending me back my files (incl photos) requesting a fresh submission 8 months after the intial submission (incl. photos again!!).

After calling the CO, she answered each and every question with a rash "I can't tell you anything about that". I just thought - 'What the hell??' I got the lawyer to protect myself against the CO's IMHO arbitrary handling of the case. But I have been less than impressed with the pro-activeness and responsiveness of my lawyer. I have asked the lawyer on three occasions in six months to follow up with the CO (just for status assessment), but I keep being told to be patient.

Would it actually harm if I follow up with the CO myself, rather than through the lawyer?


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