7eleven Posted May 15, 2014 Share Posted May 15, 2014 hi i would like to ask a question can i sue the embassy .because i was apply visa 572 and 573 . they refused my visa . Thank You Very Much.! Link to comment Share on other sites More sharing options...
Guest guest30085 Posted May 15, 2014 Share Posted May 15, 2014 Visas are not refused for no reason, some of the conditions/criteria must not have been met. What reasons were given for the refusal? Link to comment Share on other sites More sharing options...
Quoll Posted May 15, 2014 Share Posted May 15, 2014 Can you sue them? No. They've made a determination and will have given you reasons. It wouldn't be the Embassy anyway, DIBP make determinations on visa applications. Link to comment Share on other sites More sharing options...
wakeboard1980 Posted May 15, 2014 Share Posted May 15, 2014 hi i would like to ask a question can i sue the embassy .because i was apply visa 572 and 573 .they refused my visa . Thank You Very Much.! You can attempt to sue whoever you want, can't see you getting far though. What was the reason they gave you for refusing the visa? Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted May 15, 2014 Share Posted May 15, 2014 Is this a wind up? How can you sue the Embassy when it's Immigration that have refused you? Why do you want to sue anybody anyway? It's a hard knock back but there must be a reason. Did you use an agent or apply directly yourself? Link to comment Share on other sites More sharing options...
Guest Guest 47403 Posted May 15, 2014 Share Posted May 15, 2014 I'd go for it mate, could be a land mark case, you'd be famous forever. Link to comment Share on other sites More sharing options...
Rupert Posted May 15, 2014 Share Posted May 15, 2014 hi i would like to ask a question can i sue the embassy .because i was apply visa 572 and 573 .they refused my visa . Thank You Very Much.! You can sue whomever you want if you have the money. Link to comment Share on other sites More sharing options...
tina0101 Posted May 15, 2014 Share Posted May 15, 2014 Why were you refused?? Maybe you could try one of those 'no win no fee' companies . . . Link to comment Share on other sites More sharing options...
snapper123 Posted May 15, 2014 Share Posted May 15, 2014 hi i would like to ask a question can i sue the embassy .because i was apply visa 572 and 573 .they refused my visa . Thank You Very Much.! yes of course and with your windfall you could apply for a business visa:biggrin: Link to comment Share on other sites More sharing options...
Guest Guest 47403 Posted May 15, 2014 Share Posted May 15, 2014 Why were you refused?? Maybe you could try one of those 'no win no fee' companies . . . Where there's blame there's a claim! Link to comment Share on other sites More sharing options...
Guest guest30085 Posted May 15, 2014 Share Posted May 15, 2014 Now now everyone, all newbies deserve a fair hearing Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted May 15, 2014 Share Posted May 15, 2014 Not sure about that @adonna but I wouldn't mind a bit of what @7eleven, @Baz and @snapper123 have been inhaling :wink: Link to comment Share on other sites More sharing options...
snapper123 Posted May 15, 2014 Share Posted May 15, 2014 Not sure about that @adonna but I wouldn't mind a bit of what @7eleven, @Baz and @snapper123 have been inhaling :wink: No problem got heaps of the stuff but I will warn you bit rough on the nasal passage Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 15, 2014 Share Posted May 15, 2014 Why was it refused? You can certainly try to sue them, but if you don't qualify for a visa, you simply don't qualify and won't win. Link to comment Share on other sites More sharing options...
dmjg Posted May 16, 2014 Share Posted May 16, 2014 hi i would like to ask a question can i sue the embassy .because i was apply visa 572 and 573 .they refused my visa . Thank You Very Much.! That would be like walking up to the guards at Buckingham Palace and upon being refused entry, suing them for obstructing your passage :nah: Link to comment Share on other sites More sharing options...
rosiew Posted May 16, 2014 Share Posted May 16, 2014 You can sue whomever you want if you have the money. AND you pay the fees upfront! Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted May 16, 2014 Share Posted May 16, 2014 That would be like walking up to the guards at Buckingham Palace and upon being refused entry, suing them for obstructing your passage :nah: You mean you can't do this?!?! Surely not @dmjg!!! Link to comment Share on other sites More sharing options...
Danny842003 Posted May 16, 2014 Share Posted May 16, 2014 You mean you can't do this?!?! Surely not @dmjg!!! It would seem not @MovingtoTasmania Link to comment Share on other sites More sharing options...
dmjg Posted May 16, 2014 Share Posted May 16, 2014 You mean you can't do this?!?! Surely not @dmjg!!! I was about to tell you to give it a go then get back to us, But am I right in assuming you have already given it a try? Is that you in Danny's picture??? Link to comment Share on other sites More sharing options...
MovingtoTasmania Posted May 16, 2014 Share Posted May 16, 2014 OMG how did you know it was me @dmjg?? All my secrets are coming out now..... Link to comment Share on other sites More sharing options...
wrussell Posted May 16, 2014 Share Posted May 16, 2014 hi i would like to ask a question can i sue the embassy .because i was apply visa 572 and 573 .they refused my visa . Thank You Very Much.! From what you have posted, it is most likely that you did not receive a decision that is reviewable on the merits. If this is the case a judicial review on a point of law is probably your only review avenue. Such an action v the minister (not the embassy) would be very expensive and even if successful would not result in an order for a visa to be granted, only for your case to be reconsidered according to law. If you intend to proceed, your best strategy is almost certainly to take some professional advice with a view to re-applying for one or the other of the visa subclasses you mentioned or some other visa. Link to comment Share on other sites More sharing options...
Danny842003 Posted May 16, 2014 Share Posted May 16, 2014 I was about to tell you to give it a go then get back to us, But am I right in assuming you have already given it a try? Is that you in Danny's picture??? I don't know if you know the story of the picture, but it was a disalussioned Nigerian man who wanted to ask his former colonial masters for passage back to Nigeria or something along those lines. Sounded properly mental in the press. What the guard was actually playing at getting involved is another matter. Link to comment Share on other sites More sharing options...
Quinkla Posted May 16, 2014 Share Posted May 16, 2014 You can't sue an embassy for a number of reasons. Firstly, it is not considered to be a person or a body corporate. Therefore there is nobody to sue. Secondly, you would run up against jurisdiction. An embassy is not physically within the legal jurisdiction of the host nation, but nor is it within the jurisdiction of its parent nation. This means there is no court in which you could bring a case. Thirdly - and related to the second point - because the embassy is not within any jurisdiction, there are no laws that govern what goes on within it. Apart from the fact that the Ambassador is answerable to his paymaster back home, he can make his own rules for the embassy. Therefore you would have no legal ground on which you could sue. Link to comment Share on other sites More sharing options...
silencio Posted May 18, 2014 Share Posted May 18, 2014 You can't sue an embassy for a number of reasons. Firstly, it is not considered to be a person or a body corporate. Therefore there is nobody to sue. Secondly, you would run up against jurisdiction. An embassy is not physically within the legal jurisdiction of the host nation, but nor is it within the jurisdiction of its parent nation. This means there is no court in which you could bring a case. Thirdly - and related to the second point - because the embassy is not within any jurisdiction, there are no laws that govern what goes on within it. Apart from the fact that the Ambassador is answerable to his paymaster back home, he can make his own rules for the embassy. Therefore you would have no legal ground on which you could sue. That's correct, also related to 'diplomatic immunity' and also 'immunity from prosecution' for ambassadors and diplomats. Even if a diplomat or a family member steals something in the host country non of these members can be sued. Australian Immigration Law is often misinterpreted anyway. Getting a visa is not a right, getting a visa is a privilege! Link to comment Share on other sites More sharing options...
Danny842003 Posted May 18, 2014 Share Posted May 18, 2014 That's correct, also related to 'diplomatic immunity' and also 'immunity from prosecution' for ambassadors and diplomats. Even if a diplomat or a family member steals something in the host country non of these members can be sued. Australian Immigration Law is often misinterpreted anyway. Getting a visa is not a right, getting a visa is a privilege! Im not certain thats 100% true. Didn't the Indian ambassador to USA get in a load of **** recently for employment laws? Link to comment Share on other sites More sharing options...
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