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801 Application is refused :( - Page 3


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  #21 (permalink)  
Old 09-27-2014, 10:01 AM
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Quote:
Originally Posted by aussiesteve View Post
Hi.
I think the important lesson to be learnt here is how the system works. Many people lose sight of the fact that it is up to the applicant to prove the validity of their application, it is not up to the department to disprove it.
Remember emotions are NOT taken into account when they are making decisions.
Another thing we see is people talking about a "decision ready" application, anyone who submits an application that isn't decision ready is doing themselves a grave disservice.
To the OP I would suggest you make an immediate appointment with any of the reputable Migration Agents who are on this list.
Good luck!

Don't take this the wrong way, but as cruel and unfair as your point sounds DIBP does seems to be making decisions based on what's available on paper in form of evidence and not based on emotions and feelings without any ultimatum that they are going to reject the application if the applicant doesn't provide an explanation (if the applicant committed fraud or to provide the paperwork that could lead to rejection) within a certain period of time.

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  #22 (permalink)  
Old 09-27-2014, 10:21 AM
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Quote:
Originally Posted by Becky26 View Post

Don't take this the wrong way, but as cruel and unfair as your point sounds DIBP does seems to be making decisions based on what's available on paper in form of evidence and not based on emotions and feelings without any ultimatum that they are going to reject the application if the applicant doesn't provide an explanation (if the applicant committed fraud or to provide the paperwork that could lead to rejection) within a certain period of time.
Hi Becky
It is always hard to separate emotions from logic when people's lives are being affected . Emotive words such as cruelty and unfairness have no bearing on the deliberations of a CO assessing the validity of an application.
As I said before it is up to the applicant to prove the worthiness of their application.

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  #23 (permalink)  
Old 09-27-2014, 11:03 AM
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I too am curious to the rejection reason. This is the 2nd one I have read of recently where they were on a 820 and then given a BVA. I am unsure if the other one was rejected too.


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Old 09-27-2014, 12:11 PM
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To be honest I think we will discover that this will be an error by the lawyer. The process from temporary to permanent partner visa is so straight forward that to me there can only be two options here 1. There has been fraudulent documents provided (perhaps by the agent) or 2. The lawyer did not supply immi with all the documents that the applicant gave the lawyer ( or some other error by the lawyer).

I'd never ever use a lawyer to lodge a visa application unless they dealt purely with Australian visas.

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  #25 (permalink)  
Old 09-27-2014, 08:44 PM
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I'm surprised your lawyer (is he a migration agent, or simply a lawyer?) is dealing with DIBP by mail when online is so much easier and quicker.

I'd have a good conversation with your lawyer immediately as to what documents he provided, any additional communication he may have had from DIBP, etc. Unless you come out of that conversation believing everything was done appropriately, I'd ask the lawyer for all your documentation back, and I'd immediately engage a new migration agent (personally, I'd contact Mark Northam for this). You'll need a good migration agent to submit a thorough submission to MRT which will hopefully get you a much happier result.

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