# Ministerial intervention for partner visa 801 refused



## Malak (Jul 4, 2016)

So I've been with my partner since March 2012. He arrived in Australia in 2009 on a prospective marriage visa, got married a few months later and then ended up separating after being granted a temporary visa for their marriage. Not knowing what to do with himself and his ex being at fault of the break up she continued to be his sponsor. During this time we met and got married religiously but not legally because he was still legally married to the ex. In March 2013 we received a refusal letter from the department and ending up seeking legal advice. We appealed the decision to the MRT who also rejected the application because they couldn't overturn the law. However the MRT did write a review in our favour asking the minister to intervene based on special circumstances as I was pregnant at the time and our life in general made it clear we were building a family life together. After 3 and a half long years of waiting for a response from the minister of immigration we were refused again. So shocked, it's not making sense to anyone. We have a child who will be 3 years old this November, we have bought a home for us, my husband has a successful company that we established from scratch paying large amounts of tax, he has no criminal record and has never been in trouble with the law.. The list goes on, he's a good person in every possible way. 

I guess what it's come to know is the plea for help from anyone who has been in a similar situation or had knowledge of what options to take to help out in anyway possible. Going offshore is not an option as there is a high chance there will be a waiting period before we can apply for a new visa. My husband comes from Lebanon where life is not secure. I could handle s few months there but no more. So please anyone with any ideas? Recommendations for good legal representation.
What are your thoughts on doing to the courts?


----------



## Mish (Jan 13, 2013)

As far as I know ministerial intervention is your last option. His only option for a partner visa is to go offshore and apply. There are no waiting periods to apply offshore, he can apply straight away.

By the looks of it (apart from your husband doing the wrong thing and not notifying DIBP of the relationship breakdown) you did not meet the visa requirements unless you lived together for 12 months or had the relationship registered. A religious marriage is not a legal marriage and is not accepted by DIBP.

The 2 problems are 1/ he did not notifying DIBP of the breakdown so essentially had a visa fraudulently and 2/ based on what you said did not meet the relationship requirements.

Sorry there is no better news for you.

If a registered migration agent had have been consulted first then things could have been different.


----------



## Maggie-May24 (Jul 24, 2011)

Unfortunately going off shore is likely your only option, and since the ministerial intervention was refused, he would be required to leave since his bridging visa will now expire.


----------



## CCMS (Oct 10, 2013)

If you want a definite answer on this I suggest you see a specialist immigration lawyer.

I am not a lawyer, but as a registered migration agent, I'd suggest that the cheapest and fastest way forward would be to bite the bullet and lodge an offshore partner visa as soon as possible.


----------



## Malak (Jul 4, 2016)

The DIBP does recognize our relationship and it has been on his immigration file since we got together. Several times we've asked if registering our relationship would make a difference and they always say no. I have had melbournes highest rated immigration specialist lawyer working for us since we got refused by the immigration department in 2013. 

CCMS... Maybe you would know about the waiting period. I've been told again by our lawyer that there is a 3 year waiting period once we are offshore before we can make the application. However he said that we could apply under special and compelling reasons to have this reduced to approximately 6 months. So I'm confused will the waiting period be waived? If not what are the chance of us getting the waiting period reduced to 6 months. 

has anyone ever tried going to the federal courts of high court?


----------



## CCMS (Oct 10, 2013)

Malak said:


> The DIBP does recognize our relationship and it has been on his immigration file since we got together. Several times we've asked if registering our relationship would make a difference and they always say no. I have had melbournes highest rated immigration specialist lawyer working for us since we got refused by the immigration department in 2013.
> 
> CCMS... Maybe you would know about the waiting period. I've been told again by our lawyer that there is a 3 year waiting period once we are offshore before we can make the application. However he said that we could apply under special and compelling reasons to have this reduced to approximately 6 months. So I'm confused will the waiting period be waived? If not what are the chance of us getting the waiting period reduced to 6 months.
> 
> has anyone ever tried going to the federal courts of high court?


On what grounds would your husband receive a 3 year ban for a partner visa application ?

In the case of a partner visa that would only apply if bogus documents or false information had been provided (PIC 4020)

However in the case of a temporary visa application,unless a waiver is granted, he'd be banned for 3 years if he left Australia on a BVE (PIC 4014).

Personally, I wouldn't try and second guess a highly rated immigration lawyer, especially not without having access to all the facts.If you are already employing a specialist immigration lawyer, why are you trying to get advice on a public forum ?


----------



## Mish (Jan 13, 2013)

If he had have gone offshore when he got refused in 2013 he would have his PR by now.

If you have the best immigration agent then rely on him, you don't need a forum that is what you are paying him for.


----------



## Malak (Jul 4, 2016)

People who have been through what I'm going through have a much more valued opinion to me than my husbands lawyer. I went to the immigration dept and it turns out there is no waiting period at all and the processing period for a subclass 100 is 8 months because we have a child together and possibly even less time because of a medical condition our daughter has. 

Mish I know he would've had his PR by now but not everything is up to me and he wasn't happy to do that.

Thank you all for your opinions, I don't wish this situation upon anyone but I'm feeling much better now after visiting the DIBP


----------



## Mish (Jan 13, 2013)

I would not believe anything that DIBP tell you. We have had many forum members faced rejections because they believed what they told them. 

Firstly if you go offshore it is a 309/100 and he will go straight to 100. They only prioritise applications in very rare circumstances and it has be something very serious like cancer. One forum member her husband/partner was sick and they didn't prioritise the application and sadly he died just before the grant. Also if he has not undergone external security checks a visa can not be granted while those are still outstanding. Lebanon is one of the countries where security checks take forever. Some as lucky for it to be fast and others are unfortunate where they wait ages - one forum member is waiting over 2 years.

The 100 timeframe DIBP quoted you is for people waiting for their 100 after holding a 309.


----------



## varataria (Jul 5, 2016)

Hi Malak,
sorry for the bad news, but can i please ask , when did you exactly send your file to the Minister ? 

Thx


----------



## varataria (Jul 5, 2016)

I would like to know the timeframe between the date you sent your file to the minister to the date you received a rejection from the minister ..

the reason why i would like to know is because , i am currently in the same situation and i've been waiting for response from the minister for almost 1yr 5 month and still no reply


----------



## Malak (Jul 4, 2016)

Hi everyone, I did confirm with my solicitor that the information I received from the DIBP was correct and so far all is good and we are now getting ready to depart first week of August. 

We lodged the ministerial intervention in March 2013 and only just got a response last week and that was after me calling them every fortnight with valid reasons for it to be priortised. Ministerial intervention response comes when you least expect it. One lesson I learnt is not to be so comfortable with how strong your case is. I never expected this response. Hope for the best but expect the worst. I advise everyone in my position is plan ahead and save as much money as you possibly can.


----------



## varataria (Jul 5, 2016)

*ministerial intervention*

Hi Malak,
From the info that i got from you , my only hope is the fact that i have an Ozi child, but i still should be ready for the worst ..

thanks for your response ,i really appreciated it .. 
Good luck ..


----------



## Malak (Jul 4, 2016)

Varataria They don't care if you have an Aussie child, my husband and I have a daughter who is almost 3 years old born in Australia. He wasn't even given an option for his child to sponsor him into Australia. Once the minister refuses you have options but if your situation is exactly like mine you can go offshore for 8 months and apply for subclass 100 spouse visa


----------



## varataria (Jul 5, 2016)

*ministerial intervention*

Hi Malak
i can see things are no longer easy as they used to be few years ago.
Very hard to get a positive response from the minister these days, regardless how strong your case maybe.
I think you are right , it's to apply offshore and stop waisting time and stop fouling myself on hoping to get a PR from this Minister.
so far i waisted almost 2 yrs.

thank u once again


----------



## sandieH (Jul 20, 2016)

*ministerial intervention*

Hi,
I want to know some details regarding ministerial intervention. I applied to minister in October 2014. On 27 May 2016 the Case officer asked for medicals, essential visitor cover, Australian value statement, form 80, police check from Australia and from my country.
One of the form which they sent to my migration agent mentioning HAP ID and for medicals has written on that 485 graduate visa TR.
When she gave me the form after singing into e medicals with HAP ID it says, client visa details: 151 former resident(permanent).
I had my medicals on 2 June after that silence.
I am so confused, whether it's positive or negative and if positive then what visa they are thinking about to grant.
I came here on temporary partner visa in April 2013 and the marriage finished and then MRT and then the member referred my case to the minister.
If some one can suggest anything because waiting period is very distressing.


----------



## CCMS (Oct 10, 2013)

Surely your migration agent should be the one to answer those questions ? I have had MI clients who were granted a sc. 151 former resident visa, so maybe that's the visa they intend to give you ? They don't usually bother with medicals etc. unless they intend to grant a visa of some sort.


----------



## varataria (Jul 5, 2016)

*Ministerial intervention*

Hi Sandy,
sorry about the stressful waiting time.
But can i ask , do u have a Child who Oz citizen ? or
do have severe medical conditions ?
From what u posted it most likely to be guaranteed temp. Visa.
Just to let you that The minister is very tough these days. Getting those form/docs from your case Officer doesn't mean that the visa will be guaranteed , i seen some cases where applicants filled out all forms sent them back and still got rejected by Minister.



sandieH said:


> Hi,
> I want to know some details regarding ministerial intervention. I applied to minister in October 2014. On 27 May 2016 the Case officer asked for medicals, essential visitor cover, Australian value statement, form 80, police check from Australia and from my country.
> One of the form which they sent to my migration agent mentioning HAP ID and for medicals has written on that 485 graduate visa TR.
> When she gave me the form after singing into e medicals with HAP ID it says, client visa details: 151 former resident(permanent).
> ...


----------



## sandieH (Jul 20, 2016)

Hi Varataria,

Just wanted to ask you a quick question.
Do you know the reason why after medicals and all checks visa got rejected from the minister?
Was there some medical condition or some problem relating to police check?
I did not re marry again and I don't have a child.
I think all cases are different and everyone who applies to minister has different circumstances.


----------



## varataria (Jul 5, 2016)

Hi SandieH,

Yes they might ask you all docs and forms , all checked and turn around reject you.
Remember this is a ministerial intervention, not a visa application, the Minister has no obligation to consider your request even with a clear police and health record . But if they ask some extra docs, it usually means that your Case Officer will pass your file to the minister, which is a positive step, but once the Minister receives your file they will still have to assess it against the new guidelines and new exclusions.
Please visit this website : Ministerial intervention
i hope your case met the guidelines and got no exclusions


----------



## sandieH (Jul 20, 2016)

My case officer asked for further documents last year, within 6 months I applied to the Minister. And now after 1 year they have asked me for medicals and other documents.


----------



## varataria (Jul 5, 2016)

*ministerial intervention*



sandieH said:


> My case officer asked for further documents last year, within 6 months I applied to the Minister. And now after 1 year they have asked me for medicals and other documents.


Hi SandieH,

It might be a positive sign if your Case Officer further docs during ministerial intervention process. But because I don't know your circumstances, so i can't tell whether your circumstances fall on the ministerial guidelines or whether your case is appropriate to consider. All depend how unique and strongly compassionate your case is. Once again your case might fall into the guidelines and still the Minister doesn't have to consider your case.

But i wish you all the best and Good Luck !!!!!!


----------



## varataria (Jul 5, 2016)

Hi SandieH
any news yet ?


----------



## harry3318 (Apr 19, 2016)

Can 801 refusal letter comes in such a way stating in which we dont have rights to even appeal AAT?


----------

