# Warning: Spouse visa refused ordered leave Australia



## ringu412 (Dec 27, 2015)

http://www.australiaforum.com/visas...hip-visa-refused-ordered-leave-australia.html

Generally speaking email is a great thing for any immigration application. Email is instant, and letters from CIC can take days to weeks depending on which country you are in.

However, what happens if an email message gets lost in the web? What if it fails to deliver?

My situation is exactly from the link above from "Trapper". I just want to share my bad experiences with everyone who is applying and paying big bucks for Australian government here. I do not say it is anyone's fault at this stage. But I want to warn you guys and DO NOT make the same mistakes as mine.

Did I ask the Immigration agent and lawyer? Yes, I did. I asked Mark, who is really popular in the forum.

Please if you mention about the regulations, I know. But I can't help my case.

So here is my story. My student visa finished after studying and graduating from my Bachelor of Business. During my 3 years staying in Australia, I have never breached any conditions, paid my school fees on time, my attendance score is perfect. I even invite my parents to Australia for graduation ceremony.

After finishing my course, I applied as a student dependent (Paper lodged) on 24/2/2016 and received the bridging visa A granted. As you know, Bridging visa doesn't have any specific date until you have the visa result in my email. After a long waiting time, because on the website said the processing time is 6 months. I waited and waited until 16/5/2016. After a long time, calling DIBP and no one picked up. So i had to go straight to the immigration and asked about my case.

Turned out my visa has been refused on 3/4/2016. I HAVE NEVER RECEIVED the refuse visa with the same email as the bridging visa. Yes, it is my responsibility to check the email. I check it everyday, even the Junk and Spam mail. I tried to search every corner of the email, and I couldn't find it. I asked my education agent friends to search for me with key words such as visa, immi.gov.au, no results with files. MRT can't be done because it has passed 2 weeks due date. I'm always very careful with my immigration status, never break the regulation and paid nearly $60,000 for studying. The next thing I know, I have become an ILLEGAL CITIZEN with a 3 years re-entry ban. I came to Community status and received my Bridging visa E. The re-entry ban doesn't apply to you if you overstay 28 days after the expiry of your substantive visa. But it does apply if you overstay your Bridging visa A because Bridging visa A is not a substantive visa.

In my case, I overstayed my Bridging visa A for 12 days. My partner and me were so shocked we couldn't say anything. They required me to purchase the ticket immediately and departed Australia. And i did.

They showed me the evidence on the screen, the line below said the transmission has been sent to my email. That's it. They said it is not their responsibility and it is not their fault. So I can't do anything.

The reasons I feel so disappointed is the system, I haven't received any calls, or any email made sure that the applicant. And the Australian immigration always place the responsibility for failed emails on applicants, especially when they had no process to ensure emails had been received, maybe because the number of applicants are too many.

If you blame that this is my fault  I understand that, rules are rules. And we can't change in any circumstance. I cried a lot because I have to quit my job, explain to my manager my situation and disappoint my parents who paid money for my education.

I suggest if you wait for a long time. Please contact DIAC immediately, ask them everyday, phone them as well. You have nothing to lose.


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## wrussell (Dec 31, 2014)

As far as the DIBP is concerned, proof of posting a letter or sending an email is proof of delivery. 

I constantly advise people not to rely on advice from 'education agents', but many ignore this advice to their detriment.

May I suggest that even at this late stage, you should consult a registered migration agent for advice about possible strategies?


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## YYC2BNE (Oct 23, 2015)

Everyone should realise that mail servers have logs that can show an email was delivered to a recipients mail server. I'd guess Govt agencies in particular would have those logs enabled.


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## wrussell (Dec 31, 2014)

YYC2BNE said:


> Everyone should realise that mail servers have logs that can show an email was delivered to a recipients mail server. I'd guess Govt agencies in particular would have those logs enabled.


Sometimes emails are stuck on the server. It is good practice to have notifications about this enabled and to check emails at the server level from time to time.


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## rani (Aug 8, 2013)

I think it should be required that they follow up with a letter even if they charged for doing so because that's terrible... Because who has time to call immigration every day... Every time I had the time to call immigration (at 3.30 in the afternoon after work) I was told "you are 74th in the queue" can't imagine the wait times at lunch


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## Gothenburg (Mar 6, 2015)

I'd say that to use the Vevo app is the go.
With a 4 digit code one can check visa status within 3 seconds.
It will tell current visa is still valid and if there has been any changes, it will say that Visa doesn't exist... enter new visa..


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## CCMS (Oct 10, 2013)

This seems to happen quite a bit. Checking VEVO on a regular basis seems certainly a good idea. Also make sure that your postal and residential address is always up to date. While you can indicate your preference for email notifications, there is nothing stopping DIBP from sending you a letter instead to the last recorded postal address or even to the last recorded residential address.They can even fax you, if you have provided them with a fax number. Unfortunately, the onus is very much on the recipient, when anything goes wrong. With missed emails, unless you have some sort of private server, it will nearly be impossible to establish that an email has not been received on your end, so regularly checking your immigration status is a must.


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## Mish (Jan 13, 2013)

YYC2BNE said:


> Everyone should realise that mail servers have logs that can show an email was delivered to a recipients mail server. I'd guess Govt agencies in particular would have those logs enabled.


I work for a government agency and we request delivery receipts for all emails sent. If it is delivered that is the end of our obligation it is up to the person to make sure they got it.


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## ringu412 (Dec 27, 2015)

Yes, I consulted with Mark Northam. I believe he is pretty popular in the forum. However, he said the same thing. Unless I can prove that i have never read the email or contact yahoo for the mail lost and tell them to recover the whole thing. But I can't because they only recover 7 days mail.

The only thing they show me is transmission sent to my email. Only that line. I don't see the date I think that's my fault because the woman in community service just wants to finish mine really quickly and handle others.

I wish I could receive a call or a letter instead.Yes my address is up to date

Hi, Mish. How do you require them to send you the receipt sent? Thanks


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## JandE (Jul 17, 2015)

Mish said:


> I work for a government agency and we request delivery receipts for all emails sent. If it is delivered that is the end of our obligation it is up to the person to make sure they got it.


If a recipient has the delivery and read receipts turned off at their end what would the government agency do? Would they send by another means or just not notice there was no delivery receipt.


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## ringu412 (Dec 27, 2015)

And i did talk to a professional immigration lawyer as well. His fees is really high $18,000 something extra $1,650 for the court.
And no guarantee that I would win the case because the thing he explained is the immigration never admitted their own fault and we have to argue with that.

I don't know if the immigration on the phone has some training really. Call up there and there are 3 different answers regarding my 3 years ban.


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## Mish (Jan 13, 2013)

JandE said:


> If a recipient has the delivery and read receipts turned off at their end what would the government agency do? Would they send by another means or just not notice there was no delivery receipt.


We always get a receipt back (delivery may not be the right word but that is what Outlook calls them). All it means is that the email address is valid. If it came back undeliverable then we obtain a different email address.


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## CCMS (Oct 10, 2013)

ringu412 said:


> And i did talk to a professional immigration lawyer as well. His fees is really high $18,000 something extra $1,650 for the court.
> And no guarantee that I would win the case because the thing he explained is the immigration never admitted their own fault and we have to argue with that.
> 
> I don't know if the immigration on the phone has some training really. Call up there and there are 3 different answers regarding my 3 years ban.


Calling up DIBP is usually a waste of time.


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## Gothenburg (Mar 6, 2015)

Click on the little image above to see the app...



Gothenburg said:


> I'd say that to use the Vevo app is the go.
> With a 4 digit code one can check visa status within 3 seconds.
> It will tell current visa is still valid and if there has been any changes, it will say that Visa doesn't exist... enter new visa..


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## YYC2BNE (Oct 23, 2015)

wrussell said:


> Sometimes emails are stuck on the server. It is good practice to have notifications about this enabled and to check emails at the server level from time to time.


What I mean is there are logs on mail servers for emails transmitted. In Microsoft Exchange for example, when it is enabled it will show an email was accepted by the recipients mail server. Doesn't mean they got it in their outlook or other mail client, or that they even saw it at all. This is at the server level.

I had a Travel Agency client that said Company ABC was not getting the emails his travel agency was sending. I asked for the details of 1 email as an example. He gave me the address it was going to and the date he sent it. They said they hadn't got it. I searched the logs on the agencys mail server and found the record of the email being sent. They had issues on their end not my clients. The details for sent emails goes along the lines of...

Sending mail server receives email to be sent to [email protected] and queues it for transmission
Sending mail server requests IP address of companyabc.com's mail server
Sending mail server attempts connection to companyabc.com mail server
connection successful
Sending mail server communicates the email for [email protected]
Companyabc.com mail server checks a mailbox for that address exists
Companyabc.com mail server accepts the email

At that point the email has been delivered. What happens after that is anyones guess. It could be filtered by the mail server itself, could be filtered by a spam quarantine, or dealt with by an email client on a desktop/laptop/phone or other device. 
Either way, as far as the sender is concerned it got delivered.


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## Skybluebrewer (Jan 15, 2016)

I have had no issues receiving emails from DIBP regarding our visa with one exception - the actual notice asking me to leave Oz for granting of the visa. That email never got to me, and I check my email (including spam) several times a day. I only found out a month later when a different CO emailed me "in regards to our previous email" and she had forwarded it. I noticed in that email that they ended my partner's email addy with ".cm" instead of ".com", even though the addy was correct in both of our applications. I mentioned this in the reply and they still did not update it. 

No idea why the one email did not get through but I have no issue with any others. I'm assuming it was human error as I could not verify what email addy they typed in for me as it didn't show in the forwarded email and I know for a fact they incorrectly typed my partner's email in.

And as for checking our immi accounts, the status never changed from "application received" until after I returned to Oz on the visa. So checking immi for notifications or updates was useless in my case.


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## Aussie83 (Oct 15, 2015)

checking the immi account is still valid, as you say you pay no attention to the application status but the application mailbox was what I was keeping an eye on and shows any messages they send so you can head these things off.. to a point


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## ringu412 (Dec 27, 2015)

Aussie83 said:


> checking the immi account is still valid, as you say you pay no attention to the application status but the application mailbox was what I was keeping an eye on and shows any messages they send so you can head these things off.. to a point


Well I wish I could check it on immi account if i applied online however because the application of mine has to be paper based, it's not partner visa 309/820 that you can apply directly online ... That's why I check the mailbox. They only sent once and that's it.


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## ringu412 (Dec 27, 2015)

Skybluebrewer said:


> I have had no issues receiving emails from DIBP regarding our visa with one exception - the actual notice asking me to leave Oz for granting of the visa. That email never got to me, and I check my email (including spam) several times a day. I only found out a month later when a different CO emailed me "in regards to our previous email" and she had forwarded it. I noticed in that email that they ended my partner's email addy with ".cm" instead of ".com", even though the addy was correct in both of our applications. I mentioned this in the reply and they still did not update it.
> 
> No idea why the one email did not get through but I have no issue with any others. I'm assuming it was human error as I could not verify what email addy they typed in for me as it didn't show in the forwarded email and I know for a fact they incorrectly typed my partner's email in.
> 
> And as for checking our immi accounts, the status never changed from "application received" until after I returned to Oz on the visa. So checking immi for notifications or updates was useless in my case.


Yeah me too, I have no issue with the Bridging visa granted but not the refuse one. If i know i could have long gone for ages... Not overstay my visa for 12 days. I do understand the frustration though


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## Skybluebrewer (Jan 15, 2016)

Aussie83 said:


> checking the immi account is still valid, as you say you pay no attention to the application status but the application mailbox was what I was keeping an eye on and shows any messages they send so you can head these things off.. to a point


Nope. Immi mailbox only showed the messages when I first applied that my application was received. Again, no updates there either. Only time anything added to the mailbox was when we left Oz and the grant letter appeared in the immi mailbox.

So no, immi isn't reliable either in every case.


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## Aussie83 (Oct 15, 2015)

Fair enough skyblue prime example that all cases are different.
Ours were there the instant they were sent.
And to the others I do realise only applicable to those who lodged online. But that's just one aspect of apply online or paper based.


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## wrussell (Dec 31, 2014)

Even if the OP is deemed to have received a communication, but did not, it is possible that the communication to did not satisfy the legal criteria. It is also possible that a 3-year ban would not apply. A reasonable amount for managing an AAT application would be around $2500 + the filing fee. I am managing one now for $990 if I win it and $550 if I do not, including GST. Had the review applicant been a client of mine, I would have run the case pro bono. To save you asking, I have a 100% success record with review applications.


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## fizzytidus (Jun 28, 2016)

A WORD OF ADVICE FOR PEOPLE READING THIS!

There's a link at your ImmiAccount on the dashboard on the left called "View Application Mailbox". DO CHECK IT REGULARLY!!!

In my experience, every time I receive an email from DIBP, there will be a copy of that particular email in that mailbox. If in a glitch situation your email never arrived, checking that box regularly can be very useful since when they send you an email it will also appear there. 

It is basically impossible to establish evidence who is to blame on an unlikely condition that an important email is lost. I myself luckily haven't been in a situation the correspondence from DIBP is missing, but I did run into a situation where I checked the mailbox on ImmiAccount and found a new mail there, and then I received the corresponding email after 2 hours.

All the best to you.


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## Skybluebrewer (Jan 15, 2016)

fizzytidus said:


> A WORD OF ADVICE FOR PEOPLE READING THIS!
> 
> There's a link at your ImmiAccount on the dashboard on the left called "View Application Mailbox". DO CHECK IT REGULARLY!!!
> 
> ...


Not always the case. I check my email at least once an hour every day, including spam. Got every email from DIBP except the one requesting me to leave oz for visa grant (received a second one from different CO a month later). I also checked immi account - including the application mailbox - twice a day and the only items ever shown there were the notice for application received and my grant notice once I left oz for the offshore grant.

My advice is to watch for others from the same country applying for the same visa. If people that applied around the same time as you are getting requests for info or grant notifications and you haven't around the same time, contact DIBP to check the status of your application.


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## fizzytidus (Jun 28, 2016)

Skybluebrewer said:


> Not always the case. I check my email at least once an hour every day, including spam. Got every email from DIBP except the one requesting me to leave oz for visa grant (received a second one from different CO a month later). I also checked immi account - including the application mailbox - twice a day and the only items ever shown there were the notice for application received and my grant notice once I left oz for the offshore grant.
> 
> My advice is to watch for others from the same country applying for the same visa. If people that applied around the same time as you are getting requests for info or grant notifications and you haven't around the same time, contact DIBP to check the status of your application.


Indeed. Maybe the one you mentioned was not deemed to be very important by DIBP standard? I also have one or two correspondence with DIBP were not archived. But my point is a visa refusal is definitely the highest importance, so that I'll bet the system will archive it.

The only thing is this is my pure speculation and I have no way of actually verifying it.


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## ringu412 (Dec 27, 2015)

fizzytidus said:


> A WORD OF ADVICE FOR PEOPLE READING THIS!
> 
> There's a link at your ImmiAccount on the dashboard on the left called "View Application Mailbox". DO CHECK IT REGULARLY!!!
> 
> ...


yeah, i don't mind refusal visa but the point is i can't leave Australia without the email sent to me. Another reason is I apply paper application so I can't check the mail on immi. Wish they had immi mail instead


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## ringu412 (Dec 27, 2015)

Hi guys,
Just a good news from me  I applied for 485 subsequent entrant visa when I'm under 4014 ban. I applied and gathered all the evidences by myself on 3/8 and the visa is granted today 23/9. Thank you for listening to me story though  Best of luck.


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## LadyRogueRayne (Aug 17, 2015)

ringu412 said:


> Hi guys,
> Just a good news from me  I applied for 485 subsequent entrant visa when I'm under 4014 ban. I applied and gathered all the evidences by myself on 3/8 and the visa is granted today 23/9. Thank you for listening to me story though  Best of luck.


Yay! At least good news came out of it all! Best of luck to you!!


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## LittleOne (Aug 22, 2015)

I also regularly check my immi account mailbox there and while my original "bridging visa granted" mail is in there, that is all. I recently got an email from them (two months ago roughly) asking for more information - and that was NOT in that immi account correspondence inbox. I am lucky I got the email to my inbox. My particular type of visa is processing at 12-15 months time, and I am just at the 12 month mark so I am checking my email daily (junk filter too just to be safe) - I also log into my immi account but nothing new there - my partner's status still says "application submitted" not "application received" as mine does. I am waiting with my breath held...hoping for some good news soon!


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## AnotherStory (Apr 22, 2016)

That's scary stuff. I just applied for the 820 and I expect it to take more than a year (a friend of mine just got a CO, after 1.5 years). I wasn't going to bother checking the next few months but now with this story I am worried I would miss a rejection email and end up being unlawfully in Oz &#55357;&#56881;. Does that meen I have to check every 2 weeks? Doing this for a year would drive me crazy!

Glad that ringu412 got his problem sorted though. At least it's a happy ending.


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## ringu412 (Dec 27, 2015)

Yeah I'm really scared when I'm out of the country on Bridging visa E and the officer put me aside and told me that I cannot go back to Australia with this visa.
Before that I asked for a laywer and he quotes his price like $18,000 for fees and extra $6,000 for extra something. I gave up because if i had that much money I would study further or rather stay in my country.
I ended up booking with a migration agent but didn't help me that much. Cost $200 for that booking 1.5 hours. He told me I don't have enough evidences to apply for de facto because me and my boyfriend don't have utility bills and rent as well. 
After finding all the documents on the internet, I'm glad to find that 4014 ban doesn't apply to visa 485 
After all the hard working and stressful time waiting for ages, I have finally got a visa with unlimited working conditions so don't give up guys  
And check your inbox regularly, this time I used my boyfriend's email and check it like every hour in one month.
My visa costs like $1500, it is super expensive but still can't compare to partner visa. I'm sad that they use people's relationship to get the money.


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