# Refused Spouse Visa MRT



## medina (Aug 19, 2013)

Dear all,

My husband and I married in May 2011, I am an Australian Citizen and my husband is Indian, we applied for Spouse Visa, had our interview in Brisbane which was such a bad experience for both of us, the immi officer was so rude and intimidating comparing our situation with those of his past clients saying that I made a bad decision by marrying a Indian and that he was not a good person! anyway we got a letter a couple of months later saying that his visa was refused! and now we have applied to the Migration Review Tribunal. The letter we had received from the department of immigration stated that they believed we were not seen as a genuine married couple by society?! and other silly reasons such as this! and then they say we have to provide evidence to prove we are socially accepted ?! how do we do this?! 

We submitted our application to MRT in Feb 2013 and still waiting can anyone who has been in this situation give us some tips on what we should do and what we should give them that have " alot of weight"

Thanks,
Mr&Mrs Singh


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## CollegeGirl (Nov 10, 2012)

I think part of the way they gauge the genuineness of a marriage is if the couple married with friends and family around (or at least celebrated with friends and family after), if they let friends and family know about their marriage, if they share a social circle (and provide evidence of that), etc. 

I don't know enough about MRT to help you with that, but that's the kind of thing I imagine they were looking for and perhaps didn't find with your case?


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## medina (Aug 19, 2013)

we had sent in photos from our wedding with pictures with friends and family plus pictures at work functions etc and statements from both families? i just feel that we were unfairly treated and he (the immigration officer) was biased and stereotyped my husband based on his nationality and he said so in the interview that he knows of many Indian men who marry for PR etc. We are planning to represent ourselves is this the best way to with it?


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## CollegeGirl (Nov 10, 2012)

A lawyer would probably be a better idea. But keep in mind MRT takes quite a long time. Hopefully Chicken999 will see this post - she's going through MRT, too.


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## samfisher (Mar 5, 2013)

out of curiosity, what was the visa that you applied for? 309 or 300?


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## chicken999 (May 2, 2013)

Thanks cg and I'm sorry u are also experiencing same problem as me. I am using a lawyer for my mrt it's expensive but there is a lot at stake. My case officer was ironically Indian and he was very racist against my Ghanaian fiancé. Pls read my posts for the story . 
We have been waiting about 16 months for our hearing so far and a month ago we received news we finally had a mrt case officer and our case is now before the judge . We are hoping for a judgement without hearing but remains to be seen . What I suggest u do us drown them in evidence. If u message me ur email I will email u a list if what we submitted to mrt as evidence. About 7.8kg if evidence. Good luck and I'm sure u will do fine at the hearing


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## MarkNortham (Dec 19, 2012)

Hi Medina -

Good points by Chicken999 - tons of evidence is what you need. I would also make sure that your agent (or you if you're doing this yourself) files a Freedom of Information act request for your entire DIAC file, and make sure to ask specifically for any recordings available of the interview! If the agent shows obvious bias, that may help you considerably. And remember that the MRT is essentially a new "decision", so relationship evidence that you accumulate about the relationship after the original refusal but before the MRT decision can be used.

Note: As you are at the MRT, you can make the request to the MRT for a copy of the DIAC file for your case - this is often faster than an official FOIA request to DIAC, however make sure you get the interview audio (you might have to do a FOIA for this, depending on how DIAC responds).

Best,

Mark Northam


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## ProblemChild (Mar 12, 2013)

CollegeGirl said:


> A lawyer would probably be a better idea. But keep in mind MRT takes quite a long time. Hopefully Chicken999 will see this post - she's going through MRT, too.


Hi CollegeGirl

Actually, a migration agent can go to the MRT-RRT but a lawyer cannot. So you need to find a migration lawyer who is also registered as a migration agent.

PC


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## MarkNortham (Dec 19, 2012)

Correct Problem Child - anyone who provides migration advice in Australia, even if they're a lawyer, must be registered as a migration agent, so migration agents and lawyers registered as migration agents can attend MRT hearings with clients. That being said, the bulk of the work is usually done in advance of the hearing making arguments related to the law and regulations, citing other supporting cases, etc in a detailed submission accompanying any additional evidence that may be provided. Only if the MRT member is not convinced by the submission and accompanying information is there a hearing scheduled, where there is a further opportunity to present information and answer questions from the MRT member.

Best,

Mark Northam


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## ProblemChild (Mar 12, 2013)

MarkNortham said:


> Correct Problem Child - anyone who provides migration advice in Australia, even if they're a lawyer, must be registered as a migration agent, so migration agents and lawyers registered as migration agents can attend MRT hearings with clients. That being said, the bulk of the work is usually done in advance of the hearing making arguments related to the law and regulations, citing other supporting cases, etc in a detailed submission accompanying any additional evidence that may be provided. Only if the MRT member is not convinced by the submission and accompanying information is there a hearing scheduled, where there is a further opportunity to present information and answer questions from the MRT member.
> 
> Best,
> 
> Mark Northam


Hi Mark

Many migration lawyers who are not registered as a migration agent run migration cases in the Federal Circuit Courts, the Federal Court and the High Court. Their advice is not defined as 'migration advice' but advice they provide in migration cases is the same as 'migration advice' plus more. Nevertheless, they cannot go to the MRT-RRT.

So if you are going to the MRT-RRT and you want to hire a lawyer, you need to find one who is also registered as a migration agent. Otherwise, you can retain a migration lawyer who is not a migration agent.

PC


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## MarkNortham (Dec 19, 2012)

Hi PC -

Correct again. You've hit upon an important distinction in Australian law. "Migration Advice" and "Legal Advice" are two very different things. My point was to clarify that if a person is seeking advice with an MRT matter, they can either engage a registered migration agent, or a lawyer who is also a registered migration agent - I think we're on the same page now -

Best,

Mark Northam


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## CollegeGirl (Nov 10, 2012)

Thanks, ProblemChild and Mark! I thought I had read somewhere that it was a "lawyer" who had to accompany one to MRT.... I'm REALLY glad to know that's not the case, as I'd much rather have a migration agent who knows way more about migration law with me if it were me! Thanks to you both.


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## ProblemChild (Mar 12, 2013)

CollegeGirl said:


> Thanks, ProblemChild and Mark! I thought I had read somewhere that it was a "lawyer" who had to accompany one to MRT.... I'm REALLY glad to know that's not the case, as I'd much rather have a migration agent who knows way more about migration law with me if it were me! Thanks to you both.


Hi CG

I agree. f you have a non-contentious case, I think a good migration agent is always the best for the Tribunal. But then, if you have a non-contentious case, you would not be in the Tribunal in the first place.

Although the Tribunal advertises that it is an independent body, the truth is that it is a branch of the Department of Immigration and its members are appointed for a five year fixed term. It is well-known that if a member set aside more than 20% of the Department's decisions, their contract is not to be renewed. So in order to protect their job, they have to affirm at least 80% of the Department's decisions. Basically, their default position is to affirm the decision under review.

If you take these facts into consideration, then you may want to consider the option of engaging a lawyer who is also a migration agent and is used to both attending the Tribunal and appearing in court. It is only my guess but the Tribunal is more likely to be prepared to set aside the Department's decisions if they are made aware that unless otherwise, the Court will set aside their decisions. It's just a guess.

Of course, since there are not many lawyers who are dealing with the MRT-RRT and the court constantly, it may be difficult to find one of them anyway. But, yet, you may want to consider.

PC


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## rani (Aug 8, 2013)

Hi medina,
Im in a similar sitation to you. My husband is Indian and we were also refused the partner visa yesterday. Feeling very despondent and the time line for MRT will have us both stressed for next 12-18 months.
Rani


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## chicken999 (May 2, 2013)

Do what I did and lodge both mrt and 2bd visa application. Our visa granted yesterday while still waiting in mrt. Expensive yes but what a brilliant result. Do not give up fellow victims of racism I am proof love can win and u can beat diac


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## Adventuress (Jan 8, 2012)

ProblemChild said:


> Although the Tribunal advertises that it is an independent body, the truth is that it is a branch of the Department of Immigration and its members are appointed for a five year fixed term. It is well-known that if a member set aside more than 20% of the Department's decisions, their contract is not to be renewed. So in order to protect their job, they have to affirm at least 80% of the Department's decisions. Basically, their default position is to affirm the decision under review.


Hi ProblemChild, this is entirely new to me but very interesting to learn; I would be so grateful if you would be so kind as to pass on a link or something to this information.


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## ProblemChild (Mar 12, 2013)

Adventuress said:


> Hi ProblemChild, this is entirely new to me but very interesting to learn; I would be so grateful if you would be so kind as to pass on a link or something to this information.


Hi Adventuress

Probably you can find the terms of appointment on the MRT-RRT site but I have not checked. If you keep checking the job advertisement of the MRT-RRT, you will definitely see the terms of appointment next time when the MRT-RRT advertises its member.

As for the 20% threshold, high profile human rights activists from time to time mentioned it in TV programs. You will find someone's statement if you search transcripts of past programs tirelessly at abc.net.au.

As for the independence of tribunals in Australia, I remember someone wrote a legal article. If you have access to Informit, you can search with the keywords, 'independence' and 'tribunal'. Unfortunately, I do not have access to that database at this moment so that I cannot search for you.

Sorry, I cannot be of much help. As you appreciate, this kind of information is a sort of open secret amongst the legal circle in this country and is not something which the Department publicises. So you have to collect a bit here and a bit there.

PC


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## MarkNortham (Dec 19, 2012)

I wanted to chime in here and agree 100% with PC's comments - I have heard, from multiple sources I respect inside and outside the MRT/RRT regime, the very same figures. These are the kinds of "quotas" that are rarely if ever formalised officially (somewhat akin I would suspect to traffic ticket quotas for police officers), but most informed people in the industry know they exist and can see the results of.

Best,

Mark Northam


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## Adventuress (Jan 8, 2012)

ProblemChild said:


> Hi Adventuress
> 
> Probably you can find the terms of appointment on the MRT-RRT site but I have not checked. If you keep checking the job advertisement of the MRT-RRT, you will definitely see the terms of appointment next time when the MRT-RRT advertises its member.
> 
> ...


Thank you for this, any bits and pieces are useful. I will follow up when I have the time and post here if I can find anything substantial. I also have a growing collection of things like this, to make a strong case against this department. In time I will be starting a thread about this here.


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## Adventuress (Jan 8, 2012)

MarkNortham said:


> I wanted to chime in here and agree 100% with PC's comments - I have heard, from multiple sources I respect inside and outside the MRT/RRT regime, the very same figures. These are the kinds of "quotas" that are rarely if ever formalised officially (somewhat akin I would suspect to traffic ticket quotas for police officers), but most informed people in the industry know they exist and can see the results of.
> 
> Best,
> 
> Mark Northam


Thanks for the confirmation, Mark, very good to know.


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## medina (Aug 19, 2013)

samfisher said:


> out of curiosity, what was the visa that you applied for? 309 or 300?


it was 820/801


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## medina (Aug 19, 2013)

chicken999 said:


> Thanks cg and I'm sorry u are also experiencing same problem as me. I am using a lawyer for my mrt it's expensive but there is a lot at stake. My case officer was ironically Indian and he was very racist against my Ghanaian fiancé. Pls read my posts for the story .
> We have been waiting about 16 months for our hearing so far and a month ago we received news we finally had a mrt case officer and our case is now before the judge . We are hoping for a judgement without hearing but remains to be seen . What I suggest u do us drown them in evidence. If u message me ur email I will email u a list if what we submitted to mrt as evidence. About 7.8kg if evidence. Good luck and I'm sure u will do fine at the hearing


Hi chicken999, sorry to hear about your situation, we are now in the process of putting together evidence, how do i msg u my email address? sorry im new to this and cant find a private msg button but your checklist will give me a good guideline of what to put together. Thank you good luck to you too


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## medina (Aug 19, 2013)

MarkNortham said:


> Hi Medina -
> 
> Good points by Chicken999 - tons of evidence is what you need. I would also make sure that your agent (or you if you're doing this yourself) files a Freedom of Information act request for your entire DIAC file, and make sure to ask specifically for any recordings available of the interview! If the agent shows obvious bias, that may help you considerably. And remember that the MRT is essentially a new "decision", so relationship evidence that you accumulate about the relationship after the original refusal but before the MRT decision can be used.
> 
> ...


Thank you Mark,
For the information and yes we have been wanting to get the recording from the interview i will ask MRT for a copy of the DIAC file for my case and file a FOIA for the recording!


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## medina (Aug 19, 2013)

rani said:


> Hi medina,
> Im in a similar sitation to you. My husband is Indian and we were also refused the partner visa yesterday. Feeling very despondent and the time line for MRT will have us both stressed for next 12-18 months.
> Rani


Sorry to hear the Rani, it has been a very stressful 2 years for us and were still waiting and now have to go through with compiling more evidence and waiting to hear back from them.


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## medina (Aug 19, 2013)

chicken999 said:


> Do what I did and lodge both mrt and 2bd visa application. Our visa granted yesterday while still waiting in mrt. Expensive yes but what a brilliant result. Do not give up fellow victims of racism I am proof love can win and u can beat diac


Congratulation chicken999  very happy for you and your husband 

what id 2bd visa? i am very interested to know, anything to get the visa faster would be great !


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## CollegeGirl (Nov 10, 2012)

medina said:


> Congratulation chicken999  very happy for you and your husband
> 
> what id 2bd visa? i am very interested to know, anything to get the visa faster would be great !


That was just a typo.  She meant to say a "2nd" visa application.  In other words, lodge your application over again, including any new evidence you might have.


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## rani (Aug 8, 2013)

medina said:


> Sorry to hear the Rani, it has been a very stressful 2 years for us and were still waiting and now have to go through with compiling more evidence and waiting to hear back from them.


After two years you guys must have so much evidence to show.. which makes me worried... I know we put our application in too soon but I feel our lawyer did not stress on us that maybe we didnt have enough evidence. . She said over the next 12-18 months we will be able to collect enough evidence that we are genuine and we will 99% be ok but after reading here abt them having to uphold 80% of the departments rulings it makes me so worried... some of our friends have said we should go and live in india for a while (which I would love to do at some point) but its not an option for us at the moment due to various reasons.


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## medina (Aug 19, 2013)

CollegeGirl said:


> That was just a typo.  She meant to say a "2nd" visa application.  In other words, lodge your application over again, including any new evidence you might have.


oh i didnt think we could apply for same the visa again after its been refused?


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## CollegeGirl (Nov 10, 2012)

Why did you think that? You absolutely can, as far as I know. Chicken999 definitely did and was approved.


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## CollegeGirl (Nov 10, 2012)

From some quick research, it looks like you can reapply if your circumstances have changed or if you have new additional evidence.


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## medina (Aug 19, 2013)

CollegeGirl said:


> Why did you think that? You absolutely can, as far as I know. Chicken999 definitely did and was approved.


TBH we never gave it a thought but now we know this we would most definitely look into it.


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## medina (Aug 19, 2013)

CollegeGirl said:


> From some quick research, it looks like you can reapply if your circumstances have changed or if you have new additional evidence.


where did you see this can you please add a link im also trying to look for more info


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## medina (Aug 19, 2013)

rani said:


> After two years you guys must have so much evidence to show.. which makes me worried... I know we put our application in too soon but I feel our lawyer did not stress on us that maybe we didnt have enough evidence. . She said over the next 12-18 months we will be able to collect enough evidence that we are genuine and we will 99% be ok but after reading here abt them having to uphold 80% of the departments rulings it makes me so worried... some of our friends have said we should go and live in india for a while (which I would love to do at some point) but its not an option for us at the moment due to various reasons.


yes we regret going with the migration agent went hired when applying for the visa in the first place we both regretted it but we didnt really have time or experience but now we have alot more and the fact that we've been married for going on to 3 years is hard evidence! so were going to apply again and do it ourselves this time. I think theres always a way to do things are youse hiring a migration officer this time or doing it yourself?


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## CollegeGirl (Nov 10, 2012)

I just did a cursory Google search. You can probably find more if you spend more time on it.

Frequently Asked Migration Questions - Migrate to Australia - Skilled Migration - Student Visas - Business Visas - Professional Migration Services - Affordable Migration Services (Question 20)


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## rani (Aug 8, 2013)

medina said:


> yes we regret going with the migration agent went hired when applying for the visa in the first place we both regretted it but we didnt really have time or experience but now we have alot more and the fact that we've been married for going on to 3 years is hard evidence! so were going to apply again and do it ourselves this time. I think theres always a way to do things are youse hiring a migration officer this time or doing it yourself?


My husband is also regretting our choice in agent but we dont have much idea on what to do without a lawyers help... we are going the MRT way but they want $4000 to represent us... dont know if we are doing the right thing or not... we have already spent near on $10000 in fees and applications... dont know how we can afford another visa application really on top of the MRT... has anyone represented themselves at a MRT hearing and would you recommend against it?


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## CollegeGirl (Nov 10, 2012)

Do you have the evidence you need now, that you didn't have when you originally applied, rani? If not why not just drop the MRT and the lawyer, etc. and apply again?


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## rani (Aug 8, 2013)

CollegeGirl said:


> Do you have the evidence you need now, that you didn't have when you originally applied, rani? If not why not just drop the MRT and the lawyer, etc. and apply again?


I don't think we have enough evidence at this point... our application was refused after only 2-3 months. Basically they said there was no proof that our finances are together. Our income comes into a joint account and we pay 90% of our bills from that account. Thats really all the extra proof we have but weve only been married 5 months so not a great deal of history yet... this is why I am upset with our lawyer I was under the impression that because we were married our case would be stronger which is what she implied and that we would have 12 months or so to add evidence to the file. Which obviously is not the case. We should have waited.


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## CollegeGirl (Nov 10, 2012)

If your lawyer was in fact a MARA-registered migration agent you can report her. The idea that you can submit now and for sure be able to add evidence later is just not true. Ugh.


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## summerjones (Jan 3, 2014)

Hi all what happens at the tribunal exactly i was refused a partner visa am therefore attending Tribunal on tuesday with my husband who is australian


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## Mish (Jan 13, 2013)

summerjones said:


> Hi all what happens at the tribunal exactly i was refused a partner visa am therefore attending Tribunal on tuesday with my husband who is australian


Wow! Don't see alot of refusals coming from low risk countries.

They will look at the original decision on why you were rejected, they will then look at the evidence they have too - I guess you have since provided evidence to show that the decision was incorrect. They will also interview anyone they think is relevant - usually both the applicant and the review applicant (sponsor of the original application).

Good-luck


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## summerjones (Jan 3, 2014)

Allergation was made against me and my fiance they refused my PR so we then got a migration agent (i dont feel she has been very good to be honest as at court stuff w egave her to hand in seemed to be missing) we applied for tribunal we attended tribunal in Jan. we are still awaiting the outcome of the decision. last week i had an immigration official knock on the door he asked to come in check through the house etc, he seemed to be satified with everything however i am sure we wouldnt know even if he didnt seem satisfied!! i got married to my fiance last year he is australian and we planning to go USA in may so he can do a course however we want to know if this gets refused by MRT decsion what course of action can we take?? what options are there for us? when i spoke to the immigration guy the following day (the guy who came to my house) he was saying to me what would i do if my mrt is refused and that he was not sure what my education was like but maybe i could go on a independant visa i explained i ahve high school education only and work experienc eand taht thats not an option as i am with my husband, etc i feel he was trying to maybe sway me into something but not sure, or maybe he trying to tell me thats been refused without actually saying it as why he telling me options? i have said we take it ministerial he tried say that can take years with no good outcome he got me and my partner worried now as we are in a committed relationship and we cant wait more years for ministerial decision? as of our plans to travel and to settle in queensland on our return. the inspector also mentioned if i get refused on a 498 is it?? then i cant apply for another visa in oz? so what are me nad my husband supposed to do? any advice would be appreciated we very confused


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## medina (Aug 19, 2013)

Update.

So we had our documents ready and because every time i called mrt when would our case be allocated to a case manager the answer we got was in 12 months time or more ( last time we called them was august 2013) so to our surprise we received a letter from MRT inviting us to a hearing in April this year, so then we sent all the documents that we had which weighed almost 2 kg, and it's pretty much everything all our bank acc details highlighting transfers to each others acc, everyday expenses, holiday expenses, tenancy ledges, and now we are hoping that we get an answer in our favour and not have to go in for the hearing. Has anybody been in this situation and have received a decision in their favour and not have to turn up to the tribunal hearing ?


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## Cezzy84 (Aug 8, 2011)

Why would you not want to attend? It's a pretty big deal and if it were me I would be desperate to appear in person and answer any questions.


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## rani (Aug 8, 2013)

I would personally like them to make a favorable decision without a hearing only because it will save us approximately $4000 in lawyers fees we can ill afford... im in a very similar situation to Medina


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## rani (Aug 8, 2013)

Medina what month did you apply for MRT? Edited to say I see it was Feb 2013?


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## medina (Aug 19, 2013)

Update!

So i got a call from MRT today to say that tey have decided to cancel our hearing for next friday and that they will make a decision based on the documents that we had sent to them back in February this month. So we are taking this as good news right, i mean if they weren't satisified with the information and evidence of documents that we had sent them then they wouldn't cancel because there would of been things that they would've wanted to ask us, so i asked the lady on the phone how long we'll have to wait till we hear back from them and she said it should be before next friday !!!! so we have high hopes that this means our case has been remitted !!!! We shall wait to receive the letter in the mail so that its official!!!


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## rani (Aug 8, 2013)

Thats wonderful news Medina best of luck


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## medina (Aug 19, 2013)

rani said:


> Thats wonderful news Medina best of luck


Thank you Rani  how are you going with your visa?


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## rani (Aug 8, 2013)

We are still waiting for MRT I guess we will submit our collections of evidence later this year... we applied MRT in August 2013... so I guess we wont hear anything for a while


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## medina (Aug 19, 2013)

rani said:


> We are still waiting for MRT I guess we will submit our collections of evidence later this year... we applied MRT in August 2013... so I guess we wont hear anything for a while


Having been there and done that i suggest that youse put together whatever youse have now and send it to them, and keep sending them evidence as youse accumulate them, that was our mistake we kept putting it off then suddenly we got a letter from MRT saying that we were booked for a hearing as they couldn't make a decision based on what we had sent them which was nothing really, otherwise we are pretty confident that my husband would have his PR by now. Also we had seen a migration agent not long after applying to MRT and they had also suggested that because of the new government and asylum seekers applications getting processed overseas that the long wait will no longer be that long !! so just incase your wait isn't as long as ours was i would send through all th evidence youse have now. Are you in Brisbane btw?


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## rani (Aug 8, 2013)

Thank you so much for that tip... I had been thinking to put aside a few weekends to sort out our financial evidence at the moment it is just a tangled mess of receipts. 

I'm still fumbling at what to provide for some of the things they sited in the original rejection letter... the financial stuff is easy... the other stuff not really sure how to prove we are legitimate. .. they mentioned our age difference which has never been a big deal to us nor does it bother our families so Im not sure how we address something like that which will never change. .. also they seem to think that there was not much information about the development of our relationship but we detailed in our application about how we met and decided we wanted to be together.. we did get married a little quickly but this was on the advice of a lawyer that we should move in together immediately which my husband and I did not want to do so we decided we should marry because we want to be together for the rest of our lives. But that now seems to look bad for us trying to do the right thing (morally)

And yes we are in Brisbane


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## medina (Aug 19, 2013)

rani said:


> Thank you so much for that tip... I had been thinking to put aside a few weekends to sort out our financial evidence at the moment it is just a tangled mess of receipts.
> 
> I'm still fumbling at what to provide for some of the things they sited in the original rejection letter... the financial stuff is easy... the other stuff not really sure how to prove we are legitimate. .. they mentioned our age difference which has never been a big deal to us nor does it bother our families so Im not sure how we address something like that which will never change. .. also they seem to think that there was not much information about the development of our relationship but we detailed in our application about how we met and decided we wanted to be together.. we did get married a little quickly but this was on the advice of a lawyer that we should move in together immediately which my husband and I did not want to do so we decided we should marry because we want to be together for the rest of our lives. But that now seems to look bad for us trying to do the right thing (morally)
> 
> And yes we are in Brisbane


Are you using an immigration officer to help youse with MRT? if not i do know of an organisation in Brisbane that can help, i went to them for advise and they are really helpful. I suggest that you mention everything in detail about the development of your relationship express your feelings and his in your own personal statement, and mention exactly what you said about the age difference!!! maybe leave out the bit about how your lawyer had advised youse to marry earlier than you wanted too !!! its alot of work but it'll akk be worth it in the end and also if your getting family and friends to write stat dec's about your guys then ask them to mention when (date) they knew of youse as a couple, their opinion of youse as a couple etc. i hope this helps and let me know if you want the details of the organisation i mentioned earlier.


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## rani (Aug 8, 2013)

Thanks so much Medina yes we are using an agent however we both feel the agent did not advise us properly. I would be interested in knowing the agency you are referring to... thanks


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## medina (Aug 19, 2013)

rani said:


> Thanks so much Medina yes we are using an agent however we both feel the agent did not advise us properly. I would be interested in knowing the agency you are referring to... thanks


http://www.rails.org.au/ its free and they are professionals i highly recommend them.


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## rani (Aug 8, 2013)

Thanks Medina... do they only help low income families ?


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## medina (Aug 19, 2013)

UPDATE!!!

We are so over the moon to share with you our good news !!!!

On the 1st of July 2014 we finally got the email we had been anxiously awaiting for 3 months since we had heard from MRT that our case had been remitted and didn't need to attend the hearing... *My husband was granted his 801 and 820 visa* now we can happily close that chapter of our lives and move on 

Thank you to everyone on here for sharing your experience and advice and i wish you all the very best.


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## medina (Aug 19, 2013)

rani said:


> Thanks Medina... do they only help low income families ?


I do apologise for the extremely late reply, im sure you have been in contact with them by now, if you did how did you go?

and to answer your question they help anybody it's not means tested or anything like that.


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## medina (Aug 19, 2013)

MarkNortham said:


> Hi Medina -
> 
> Good points by Chicken999 - tons of evidence is what you need. I would also make sure that your agent (or you if you're doing this yourself) files a Freedom of Information act request for your entire DIAC file, and make sure to ask specifically for any recordings available of the interview! If the agent shows obvious bias, that may help you considerably. And remember that the MRT is essentially a new "decision", so relationship evidence that you accumulate about the relationship after the original refusal but before the MRT decision can be used.
> 
> ...


I did follow through with your advice Mark and got a copy of the file that MRT had which didn't include a recording of the interview which means that it wasn't recorded and i don't remember the immigration officer informing me that it'll be recorded. Should it of been recorded or is that up to the immi officer to decide?

Anyway i received a copy of the file within 2weeks of putting through the FOIA.


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## medina (Aug 19, 2013)

CollegeGirl said:


> A lawyer would probably be a better idea. But keep in mind MRT takes quite a long time. Hopefully Chicken999 will see this post - she's going through MRT, too.


We did end up not hiring a migration agent and went through it ourselves. Just takes alot of time and can really get at you emotionally too but in the end it's worth it and you save thousands, the migration officer that we had hired for my husbands PR application gave us a quote of $4000 to hire him again for our MRT case.


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## rani (Aug 8, 2013)

Hi Medina
Congrats on your news I know how relieved you both must feel! We actually discovered our previous agent didn't tell us about the very important schedule 3 so we decided to hire an agent to handle our case... its a long stressful road but we are hoping we will have a good outcome like you did... best of luck for your future


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## medina (Aug 19, 2013)

rani said:


> Hi Medina
> Congrats on your news I know how relieved you both must feel! We actually discovered our previous agent didn't tell us about the very important schedule 3 so we decided to hire an agent to handle our case... its a long stressful road but we are hoping we will have a good outcome like you did... best of luck for your future


Thank you Rani  and yes these strangers that judge your life after a 30 min interview mine wasn't even 15min have the power and authority to make your life hell. It's just not fair !!! but you know what you'll pull through in the end  all the very best and im here to help as much as i can


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## rani (Aug 8, 2013)

Thanks Medina


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## MarkNortham (Dec 19, 2012)

Hi Medina -

Excellent outcome - well done, and congratulations to you both! 

Best,

Mark Northam


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## Sammy adelaide (Sep 10, 2014)

Hey Medina , 
I'm also going Through to MRT , just lodged for MRT last month , so I think waiting time will be around one year . Can u please give me any guid line what type of paper work did u submit for MRT ? I'm from India & my wife also Australian . 
Thanks .


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## rani (Aug 8, 2013)

Hi Sammy 
It really depends why you were refused. If they refused because they dont believe your relationship is genuine and ongoing this could be because you didnt provide enough evidence. You will need to gather as much evidence as you can. There are lots of threads on the forum that will give a list of what you need to provide.

If you were refused for more complex reasons I strongly suggest you engage a good agent who can go through your case in detail.


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## MarkNortham (Dec 19, 2012)

I'd have to agree with Rani - genuine relationship issues are usually a matter of more evidence and statements. However if it's a Schedule 3 issue (ie, not compelling enough circumstances, etc), character issue, health issue, etc you may be best served by getting professional representation and assistance.

Hope this helps -

Best,

Mark Northam


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## Sunnynavi (Nov 6, 2014)

chicken999 said:


> Thanks cg and I'm sorry u are also experiencing same problem as me. I am using a lawyer for my mrt it's expensive but there is a lot at stake. My case officer was ironically Indian and he was very racist against my Ghanaian fiancé. Pls read my posts for the story .
> We have been waiting about 16 months for our hearing so far and a month ago we received news we finally had a mrt case officer and our case is now before the judge . We are hoping for a judgement without hearing but remains to be seen . What I suggest u do us drown them in evidence. If u message me ur email I will email u a list if what we submitted to mrt as evidence. About 7.8kg if evidence. Good luck and I'm sure u will do fine at the hearing


hi there my partner visa got refused couple of days ago. I am going to apply for MRT just wondering if you can email me the copy of evidences you provided to MRT would be a great help.
much appreciate
neha


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## Mish (Jan 13, 2013)

Sunnynavi said:


> hi there my partner visa got refused couple of days ago. I am going to apply for MRT just wondering if you can email me the copy of evidences you provided to MRT would be a great help.
> much appreciate
> neha


Every case is different it depends on your reasons for rejection. What were the reasons given for the refusal?


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## kittudawra (Aug 12, 2015)

hi chiken999 i am reading your post its very strong can you please email me also the list of tons of evidence i can collect plz


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## chicken999 (May 2, 2013)

Those are very old posts of mine - we ended up getting our second pmv granted before we went to a hearing. I don't have any lists on thus iPad anymore unfortunately. But if u were rejected because they didn't believe you were genuine, provide them with a mix of evidence presaging your application, from throughout the period your application was lodged plus gather evidence from now until your hearing . I do recommend u get an agent, it's not worth the risk of losing at Mrt through your own inexperience


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## kittudawra (Aug 12, 2015)

does any one had any information when partner visa mrt hearing will happen it's driving me crazy its nearly 18 months . m waiting them to contact us


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## MarkNortham (Dec 19, 2012)

Hi Kittudawra -

That's a bit longer than normal - have you contacted the MRT (now the AAT) to double check that you've not missed any emails or announcements? Partner visa hearings are generally running 9-13 months from lodgement these days.

Hope this helps -

Best,

Mark Northam



kittudawra said:


> does any one had any information when partner visa mrt hearing will happen it's driving me crazy its nearly 18 months . m waiting them to contact us


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## ds_2008 (Sep 2, 2016)

*spouse visa refusal*

hi mate
m going through the same problem.would u be able to help me and share the things i can show them to prove genuiness of our relation.


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## Tash1 (Sep 1, 2016)

chicken999 said:


> Thanks cg and I'm sorry u are also experiencing same problem as me. I am using a lawyer for my mrt it's expensive but there is a lot at stake. My case officer was ironically Indian and he was very racist against my Ghanaian fiancé. Pls read my posts for the story .
> We have been waiting about 16 months for our hearing so far and a month ago we received news we finally had a mrt case officer and our case is now before the judge . We are hoping for a judgement without hearing but remains to be seen . What I suggest u do us drown them in evidence. If u message me ur email I will email u a list if what we submitted to mrt as evidence. About 7.8kg if evidence. Good luck and I'm sure u will do fine at the hearing


Would it be possible to get an email too?


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## Ducan (Sep 24, 2016)

medina said:


> Dear all,
> 
> My husband and I married in May 2011, I am an Australian Citizen and my husband is Indian, we applied for Spouse Visa, had our interview in Brisbane which was such a bad experience for both of us, the immi officer was so rude and intimidating comparing our situation with those of his past clients saying that I made a bad decision by marrying a Indian and that he was not a good person! anyway we got a letter a couple of months later saying that his visa was refused! and now we have applied to the Migration Review Tribunal. The letter we had received from the department of immigration stated that they believed we were not seen as a genuine married couple by society?! and other silly reasons such as this! and then they say we have to provide evidence to prove we are socially accepted ?! how do we do this?!
> 
> ...


Hi Medina,

I found your post and do think that we might face a similar case officer (from brisbane). I know how it feel. It's very frustating especially when you met a brutal officer. May I know how did you go witht the MRT?

In my case, my husband was an illegal migrant and the officer use that to refuse our application and refuse to believe our relation is genuine. We are not lucky enough to get face to face or on phone interview. We did give all evidence starting from both name in rental and utilities bills, photos, stat dec, we even hve 1 son with his name on the certificate, wedding cert, wedding picture.

Apart from being illegal migrant, there was time where we break up because of my pregnancy. He hd no money to raise up a kid and it stress him up. We didn't see each other for a year because i was overseas waiting for my PR approval. When I return we get back together and raise Flynn together since 2014. Gave all the evidence above.

The officer argue that ken hasn't been doing his roles as father and husband despite all the evidence. We even got testimony for childcare center saying he drop flynn to the center every morning. He had stat dec from bos statting he have tuesday off because flynn doesn't go to center and he look after him. He said there is no evidence of him sharing the house work which i think is ridiculous because who will believe a picture of him doing laundry or cooking or cleaning. The officer can say that my husband just pose for that. He also doesn't like the idea that i have my mom coming from overseas to help us take care of flynn in the first year but we did expalin that because we couldn't secure a place in child care center. It's very rediculus, i mean, who doesn't get their parent to help with kid? Even australian does that.

We bought a house but it's under my name only but we tell him that because we want 100% approval for first home buyer stamp duty concession. We had a contract signed with broker prove we are getting a loan.

We even explain to him that if my husband deported, i will face a big financial issue which will effect me psychologically eventually. I wont be able to work because i hve to look after flynn or even i still work, my income wont cover the expenses and childcare all at the same time. The officer doesn't show any concern about that, he somehow saying that i shouldn't have any problem and it's not necessary for flynn to fly with his father back to country to in our sense will reduce the expenses. I stress out to him that i prefer that not to happen to be separated from my husband and wife.

He also question why we didn't do voluntary in social activity together. I mean, who can do that when we have different day off and we have to look after little one at home? Who do bring kid to voluntary work?

Me and hubby met in 2008. Live together since 2009, married in 2011, separate in 2013 and back together and lodge application in 2014

I just apply for MRT so it will be awhile before hearing. 
What do you think Medina, chicken999 and Mr Mark Northam? any suggestion?. Do i have a chance at court? I'm very nervous with what kind of judge i will be facing


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