MRT evidence for de facto refusal

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MRT evidence for de facto refusal


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Old 05-01-2011, 07:47 PM
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MRT evidence for de facto refusal

Hi, I was wondering if anyone could answer some question on the MRT process. My partner is Aussie and I am British and we had our de facto refused last year as we had only lived together for 9 months and not a year.

After 2 years of long distance and lots of visits, we now live together in UK. We would like to know if the MRT take new evidence into consideration that was formed AFTER the refusal was given? We can't provide any more evidence for the initial time we were together but now we have leases and bills in both of our names. It proves we are genuine and continuing but will they take notice of it?

We are so frustrated with this process. Visas should be difficult but it shouldn't be impossible.

Thank you in anticipation.
Laura Kate


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Old 05-02-2011, 02:46 AM
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Hi there,

I suggest you take a look at the sticky we have made about the MRT at the top of the visas forum.

You are not alone in your struggle. I know it's hard, but don't give up


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Old 05-08-2011, 04:29 PM
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Thanks for your reply. We've had a look at previous posts but can't find anything about new evidence and whether it counts.

Do the tribunal only look at the period of time that we lodged and the initial 12 months? Or will they consider the fact that we have now got new evidence of living together while we've been waiting for the tribunal date?

Also, does anyone know, if we decided to get married, would we have to start a new application for a spouse visa? Or would the marriage certificate just be more evidence for the continuation of the de facto relationship?

Thanks, we are finding the information on this forum really useful.


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Old 05-09-2011, 03:20 PM
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I've looked at some MRT and ART cases via their websites. I recall reading about new evidence being assessed and used to support cases for review, especially in the case of carer visas or refusal due to the character or health requirement.

Maybe you need to read some of the archived cases to research the MRT process and how much wait new evidence was given when cases were awarded in favour of the applicants.


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Old 05-10-2011, 10:31 AM
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The Migration Review Tribunal will assess the merits of your originally submitted visa application based on the original legislative provision that formed the basis of the initial refusal at the time of your visa decision was made.

The appeals process does not allow the MRT to take into consideration circumstances that have changed since your original visa decision was made.

Having been involved with a great deal of immigration matters, I predict you will not be receiving a favourable outcome. Expert advice and guidance is mandatory from the onset.

Despite your visa refusal there is nothing in the law that prevents you from re applying at this point in time as my understanding is that you are outside of Australia and s48 of the Migration Act does not apply.

Also, you may want to consider that you are more likely to have your partner visa granted prior to a decision being made by the Tribunal.


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Old 05-11-2011, 04:36 AM
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Hi there Charbel,

Thanks for the valuable information. We greatly appreciate any professional input that members can offer to the forum


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Old 05-11-2011, 08:21 PM
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Thank you so much for this. We have a legal representative but unfortunately we have been given some rather bad advice so far. It's nice just to get a straightforward answer so that we can change our direction if need be.

Thanks so much.


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Old 05-12-2011, 02:29 AM
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Quote:
Originally Posted by Laura Kate View Post
Thank you so much for this. We have a legal representative but unfortunately we have been given some rather bad advice so far. It's nice just to get a straightforward answer so that we can change our direction if need be.

Thanks so much.
Hi.Laura Kate.I am in the same boat as yourself.We have been refused too on the grounds that we dont have commitment to a shared life together in exclusion to others so I have filed for divorce and will remarry soon.I asked our solicitor if the tribunal will admit new evidence on top of the other evidence we will procure and he answered in the affirmative.He was a former member of the tribunal and a doctor of law.

After reading this thread, I now have doubts in my mind because we were contemplating on a new application after marriage but we were adviced that we have better chances this way.


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Old 05-12-2011, 03:01 AM
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hi..This is my solicitor's reply when asked if the tribunal will admit new evidences.

The MRT reviews cases based on all the information that was in front of DIAC, plus all the facts and information up to the time they make their decision. "The decision" means the MRT decision. The MRT is much less likely to be prejudiced against you than DIAC. You can call witnesses and submit statutory declarations, and all[/B] this will be taken into account. What you suggest is a good idea.[/I][/B]


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Old 05-12-2011, 03:10 AM
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Quote:
Originally Posted by Charbel Nehme View Post
The Migration Review Tribunal will assess the merits of your originally submitted visa application based on the original legislative provision that formed the basis of the initial refusal at the time of your visa decision was made.

The appeals process does not allow the MRT to take into consideration circumstances that have changed since your original visa decision was made.

Having been involved with a great deal of immigration matters, I predict you will not be receiving a favourable outcome. Expert advice and guidance is mandatory from the onset.

Despite your visa refusal there is nothing in the law that prevents you from re applying at this point in time as my understanding is that you are outside of Australia and s48 of the Migration Act does not apply.

Also, you may want to consider that you are more likely to have your partner visa granted prior to a decision being made by the Tribunal.
HI.Thanks for this clarification.I have the same problem actually.We applied for de facto and got refused on the basis of not having commitment to a shared life in exclusion to others so to address the said reason for refusal, I have filed for divorce and will marry soon after.Will these steps help or the tribunal will not even look at it?

My solicitor seems to think otherwise and had even urged me to get on with the divorce.We were of mind to lodge a fresh application but we were advised not to do so.Thanks for any enlightenment on this issue.


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