Maria divina Posted May 4, 2019 Share Posted May 4, 2019 Applied partner visa onshore got refused as well as the appeal under schedule 3 then applied offshore get refusal under schedule 2 of the migration act. Applied offshore appeal its has been 17 months already but no reply from Aat still waiting to get date for hearing. Married for 5 years living together for 6 years including Australia and India. Still living together in India.But we have no kids at all. What chances we get to win the appeal? 1.We submitted 100 of photos. 2.6000 words of submission. 3.if i would make a point there will be more than 50 with the detail discriptions of each point and supporting documents. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted May 4, 2019 Share Posted May 4, 2019 12 hours ago, Maria divina said: Applied partner visa onshore got refused as well as the appeal under schedule 3 then applied offshore get refusal under schedule 2 of the migration act. Applied offshore appeal its has been 17 months already but no reply from Aat still waiting to get date for hearing. Married for 5 years living together for 6 years including Australia and India. Still living together in India.But we have no kids at all. What chances we get to win the appeal? 1.We submitted 100 of photos. 2.6000 words of submission. 3.if i would make a point there will be more than 50 with the detail discriptions of each point and supporting documents. Did you get professional advice before filing your appeal? If no, then you definitely need to get some before the tribunal review your case. You are not in a good position. Reading the refusal letter I would personally say you are wasting your time. Secondly, please contact Admin and get that attachment removed so that you can remove your personal details. If is seriously NOT a good idea to post that on the open internet with all your details still visible. Quote Link to comment Share on other sites More sharing options...
ali Posted May 4, 2019 Share Posted May 4, 2019 I have removed the attachment which contained personal information. 1 Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted May 5, 2019 Share Posted May 5, 2019 Second nemesis’ advice- you need professional help if you haven’t already sourced it. Throwing more photographs at immigration isn’t going to cut it. I don’t know how you prove the relationship is genuine as this seems to be the overarching issue from the CO perspective. You also can’t undo what has been done- i.e. not knowing names of the people at your wedding and the names of your spouses siblings.. You may just need to admit defeat here, as you probably are wasting time and money. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted May 5, 2019 Share Posted May 5, 2019 If you were refused under schedule 3, that is not in regards to the genuineness of the relationship, but the fact that you could not meet additional "compelling" criteria as a result of being on a bridging visa when you lodged. In regards to being refused under schedule 2, it will depend which part, as there are many criteria to schedule 2. The genuine relationship is only one component. Based on the minimal information in your post, it does not appear that you have taken any professional advice. It would be wise to seek some now. 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted May 5, 2019 Share Posted May 5, 2019 42 minutes ago, Raul Senise said: If you were refused under schedule 3, that is not in regards to the genuineness of the relationship, but the fact that you could not meet additional "compelling" criteria as a result of being on a bridging visa when you lodged. In regards to being refused under schedule 2, it will depend which part, as there are many criteria to schedule 2. The genuine relationship is only one component. Based on the minimal information in your post, it does not appear that you have taken any professional advice. It would be wise to seek some now. Raul, having read the original attachment before it was removed owing to having all the personal and file details on it, I have to say the CO raised a large number of concerns about the evidence provided. Seems crazy that he has gone this far without professional advice, but he definitely needs it now. Quote Link to comment Share on other sites More sharing options...
Maria divina Posted May 6, 2019 Author Share Posted May 6, 2019 File was lodged with the help of immigration lawyer who has more than 28 years experience in his field.We are not looking for any untrustworthy paid professional help thank you.Laywer name was kah lawyer he has office in parramatta sydney.please google if any doubt. Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted May 6, 2019 Share Posted May 6, 2019 18 minutes ago, Maria divina said: File was lodged with the help of immigration lawyer who has more than 28 years experience in his field.We are not looking for any untrustworthy paid professional help thank you.Laywer name was kah lawyer he has office in parramatta sydney.please google if any doubt. Ok so why are you asking what your chance of success is and posting your personal details on a public forum if you have a MARA registered agent with 28 years experience? 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted May 6, 2019 Share Posted May 6, 2019 45 minutes ago, Maria divina said: File was lodged with the help of immigration lawyer who has more than 28 years experience in his field.We are not looking for any untrustworthy paid professional help thank you.Laywer name was kah lawyer he has office in parramatta sydney.please google if any doubt. You don't want the assistance of a reputable expert like Raul, but you have posted on a forum asking ordinary people for advice? Does that makes sense? 2 Quote Link to comment Share on other sites More sharing options...
Maria divina Posted May 6, 2019 Author Share Posted May 6, 2019 We hired to lodged offshore visa 309 which was refused we did not hire for appeal we lodged our self. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted May 6, 2019 Share Posted May 6, 2019 1 hour ago, Maria divina said: File was lodged with the help of immigration lawyer who has more than 28 years experience in his field.We are not looking for any untrustworthy paid professional help thank you.Laywer name was kah lawyer he has office in parramatta sydney.please google if any doubt. Are you seriously referring to Raul as "untrustworthy paid professional help"? If so, I think you can kiss goodbye to any help or sympathy from members of this forum! 2 Quote Link to comment Share on other sites More sharing options...
Maria divina Posted May 6, 2019 Author Share Posted May 6, 2019 Last time when we lodegd offshore visa 309 kah Immigration lawyer told us the same thing that he normally get the award for best immigration lawyer by financial review news paper. What would you like to say? Quote Link to comment Share on other sites More sharing options...
Toots Posted May 6, 2019 Share Posted May 6, 2019 4 minutes ago, Maria divina said: Last time when we lodegd offshore visa 309 kah Immigration lawyer told us the same thing that he normally get the award for best immigration lawyer by financial review news paper. What would you like to say? ............... so why are you asking ordinary people on a forum if you have the best immigration lawyer (who has received an award) already giving you advice? Quote Link to comment Share on other sites More sharing options...
Maria divina Posted May 6, 2019 Author Share Posted May 6, 2019 Well what would you said if you was in our place after spending nearly $15000 dollar to get expert advice and still did not get the visa. He did not not even told us the question we may asked in interview with case officer. I guess lawyer normally take oath before becomig lawyer that they wont lie to customers about chances of success to get the visa. It cost us fortune and it was a very nerve wrecking experience with him.He could have been honest with us before charging us money for himself and immigration. Quote Link to comment Share on other sites More sharing options...
Maria divina Posted May 6, 2019 Author Share Posted May 6, 2019 Lastly i would like to sat that it will be us who will convience honourable judge because Immigration Australian is full of chaos and you are very lucky if you get someone to use his or her discretionary power. In our case we think that only god know what will be the verdict but thanks every person on this forum for thier opinion. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted May 6, 2019 Share Posted May 6, 2019 1 minute ago, Maria divina said: Well what would you said if you was in our place after spending nearly $15000 dollar to get expert advice and still did not get the visa. He did not not even told us the question we may asked in interview with case officer. I guess lawyer normally take oath before becomig lawyer that they wont lie to customers about chances of success to get the visa. It cost us fortune and it was a very nerve wrecking experience with him.He could have been honest with us before charging us money for himself and immigration. Firstly I would have checked out the cost of an agent first and no way would I have spent $15000 on one. Secondly I would have looked for recommendations on a forum like this before using an agent, rather than just picking someone who gets awards from a financial newspaper Third, if he actually submitted the application outlined in the now removed document, I would be complaining to MARA as it has more holes in it than a string vest. And finally, I would have looked for recommendations of a good agent before lodging an appeal, rather thsn posting my personal details on a public forum, and then insulting the professional who commented on the case. Good luck. You're going to need it 1 Quote Link to comment Share on other sites More sharing options...
Maria divina Posted May 6, 2019 Author Share Posted May 6, 2019 Thanks for your reply and unfortunately we cannot afford one at the moment. But as per your advice i will certainly be doing complaint against That Immigration laywer. Thanks you. Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted May 6, 2019 Share Posted May 6, 2019 (edited) You are not going to win your appeal on your own. I too read your refusal letter and there are so many issues that would need to be addressed you would be crazy to tackle it without professional input. Even with professional help there were multiple (quite convincing) references to suggest a fraudulent marriage, which, if true, no reputable agent is going to help you con immigration anyway. If you can’t afford help then you may be better off calling it a day and save throwing more money away. People on a public forum cannot help you in your appeal, it’s an extremely complex area of immigration. Edited May 6, 2019 by Wonderingaloud Grammar 1 Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted May 7, 2019 Share Posted May 7, 2019 On 06/05/2019 at 15:32, Maria divina said: We are not looking for any untrustworthy paid professional help thank you. Your comment above seems unnecessary and you appear to have condemned an entire profession due to your bad expedience with one person. I simply responded to try and point you in the right direction and help you, as your initial post made it clear that you do not have an even basic understanding of your situation. Your situation appears serious and I again would counsel you to seek professional advise, as it appears that you need it. Respectfully, however, not mine. 4 Quote Link to comment Share on other sites More sharing options...
Breathe Posted May 25, 2019 Share Posted May 25, 2019 On 04/05/2019 at 21:30, Maria divina said: Applied partner visa onshore got refused as well as the appeal under schedule 3 then applied offshore get refusal under schedule 2 of the migration act. Applied offshore appeal its has been 17 months already but no reply from Aat still waiting to get date for hearing. Married for 5 years living together for 6 years including Australia and India. Still living together in India.But we have no kids at all. What chances we get to win the appeal? 1.We submitted 100 of photos. 2.6000 words of submission. 3.if i would make a point there will be more than 50 with the detail discriptions of each point and supporting documents. Hi Maria divina, First off, I'm sorry to hear that after two unsuccessful attempts to lodge your partner visa application and several years of marriage and visa and legal costs you have not been successful. I can appreciate this is a very frustrating and distressing situation to be in. Although I have not read your previous attachment which was appropriately removed for your privacy, I can appreciate that your faith in the system will be pretty broken. Best of luck with your AAT appeal, we are following the same route in the case of my partner and I. Luckily we didn't spend as much as you seemed to have on an otherwise reputable sounding lawyer, however we also felt it would have been helpful if our lawyer had prepped us for interview so we were not taken by surprise. Having read our own refusal letter I can appreciate some things may feel racist, sexist, easily refuted or decontextualised in an overall refusal letter when that may not reflect the actuality of the situation or legal rights. Having googled Schedule 3 Criteria that others have mentioned, it seems that the applicant's legal status whilst in Australia would have been a source of suspicion and complication from an immigration point of view. It may not mean anything to you both as a married couple, but with the Department's role to assess the genuineness of cases and intentions of applicants this would not only affect that application but any future visa applications as well. They would have evidence from all applications you make as well to base a decision on, and if there is any criminal record or any other character issues in addition to your partner's inadequate visa status while in Australia this would be another hurdle to pass. I understand some people are successful after reapplying but not everyone, as has unfortunately been your case. With two visa refusals your case is now likely to be much more complicated, and judging by the comments of other posters who have read into your circumstances there may be reasons why you hired a seemingly reputable lawyer with additional specialist accreditation in immigration from what I can see on the website which suggests you did your research. However, unfortunately, even with the best of lawyers, we are not always successful. Upon receiving our refusal, I have informed myself a lot more about what to expect, having said that I am in no way fit to providing you legal advice on such an important and complex matter. You may have lost faith in the most highly proclaimed specialised lawyers but as was our experience, sometimes these things happen, and if your relationship is strong enough, you will bounce back and find a way through. Having spoken to several lawyers and migration agents, my understanding is that for an appeal, of which about 50% are successful, in the complex and politicised area of migration law, even if AAT is not a court and so you don't technically need a lawyer, it is highly advisable to do so as Tribunal members are not obliged to do your research for you, it depends on the quality of the presented case. It has been suggested to me that the original refusal will be assumed to be correct, unless you sufficiently prove otherwise. You might not think you can afford a lawyer right now, but this may be the best opportunity you have to overcome the weight of evidence against your relationship so it is really, really ideal to have a reliable and reputable lawyer help you through this. No lawyer can guarantee success, but some are certainly better than others. You may need to get a loan from friends or family for the appeal if you can't afford to hire a good lawyer, but it is probably advisable to hire a good lawyer all the same, to maximise your chances of framing your application correctly and seeking to undo mistakes of the past. When we were looking into specialist lawyers, although I believe our circumstances would be different, you would probably be looking at anywhere between $4000 - $10 000. At the very least you can look into free or cheap consultations to explore different opinions on your case. We have personally switched lawyers as well after receiving recommendations from trusted professionals with migration experience into certain accredited specialists especially (different to the one you named) for AAT and went to several consultations until we found the one we liked best - you can ask them why they think your application was unsuccessful and how they would plan to run your case and ask any other questions to get an idea. In something as important as your married relationship, I feel that having the best support and foundation is ideal, even if you increase your own critical lens on how you want to handle things and even if you have felt frustrated and cheated by the system so far. I wish you all the best. 1 Quote Link to comment Share on other sites More sharing options...
musmanasghar Posted May 30, 2019 Share Posted May 30, 2019 (edited) 15000$ for an expert advise? I am sure it includes Approximately AUD 7000$ for visa fee and rest would be Lawyer's fee. To pay 8000$ to a lawyer just for visa application is something i will never do as it is too much to charge. (unless your case is really complex and it needs some extra ordinary amount of work) My Wife's partner visa was refused and i went for a professional advise and hired the lawyer. he only charged me 2200 AUD including GST and we won that AAT appeal within just 10 minutes of hearing .... you seriously need to rethink what you are trying to do and how you want to do it. Edited May 30, 2019 by musmanasghar Quote Link to comment Share on other sites More sharing options...
Hawar19Jan Posted July 18, 2019 Share Posted July 18, 2019 Best of luck Maria with your AAT apeal. Don't stop trying, and keep yourself busy in meantime, with traveling or improving skill for future. Best of luck again with your AAT. Quote Link to comment Share on other sites More sharing options...
187visa refusal Posted September 24, 2021 Share Posted September 24, 2021 File opened 4th September deadline for submitting document was 20th September Document submitted Now how long i need to wait for hearing from AAT ??? Quote Link to comment Share on other sites More sharing options...
187visa refusal Posted December 10, 2021 Share Posted December 10, 2021 anyone here??? who recent apply Indian pcc . Q1- my daughter was born in Australia and 8 month old and she hasn't travel India yet . Still she need Indian pcc??? Q2- my wife have nearly 2 year before Indian Pcc as after that she hasn't travelled India. is she need new Indian pcc? and what other document possibly do i need ready if anyone can guide me here it would be great... thans in advance. Quote Link to comment Share on other sites More sharing options...
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