# 801 Application is refused :(



## Boomkin (Sep 26, 2014)

Hey guys I am seeking for some help.

After waiting over two and half years on my visa processing time line my 801 partner visa has been refused by the case officer.

I was holding the 820 visa which is temporary resident and thats been invalid from now on and I have been granted bridging visa at the moment.

I am still married with my wife and its going to be over 3 years and we are living together.

I do not know what to do are they trying to separate us or something ? 

I can not leave her or take her to my country and reason is she can not leave Australia for 2 more years because of her bank corrupcy.

what are my rights exaclty ? what do I need to do ? 

Case officer did not say anything about our case she did not call us and they did not interview us. Basicly they just did nothing to investigate our relationship ! I think they want to destroy my family , I do not really know..

Is there anywhere I can go or complain about this refusal decision to anyone ? Because I see this decision is unfair.And this is against to human rights. 

We are living in same house with my wife and we love each other but we just can not get over this treatment.

Please guys I need some advice. 

What's the next step should be ? I do not want to leave this country without her how can I leave my family behind ?


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## EDT (Aug 22, 2014)

Boomkin said:


> Hey guys I am seeking for some help.
> 
> After waiting over two and half years on my visa processing time line my 801 partner visa has been refused by the case officer.
> 
> ...


What was the reason for the visa refusal ? They have to to give you a reason . you need to seek professional assistance


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## Boomkin (Sep 26, 2014)

Unfortunately we do not know yet because Immigration sent to paperwork to my lawyer and somehow paperwork went back to sender ! So we are thinking to go Melbourne office and find out what's going on with it. According to my lawyer there is no reason to refuse my application and my lawyer thinks someone complained us about something but for what seriously my lawyer did not do their job properly and they did not protect my rights.I wish I did all the paper work by myself.


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## EDT (Aug 22, 2014)

Boomkin said:


> Unfortunately we do not know yet because Immigration sent to paperwork to my lawyer and somehow paperwork went back to sender ! So we are thinking to go Melbourne office and find out what's going on with it. According to my lawyer there is no reason to refuse my application and my lawyer thinks someone complained us about something but for what seriously my lawyer did not do their job properly and they did not protect my rights.I wish I did all the paper work by myself.


How does your agent know somebody complained about you? Did your CO tell him or what ? Immigration will always tell


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## Becky26 (Jun 18, 2013)

EDT said:


> What was the reason for the visa refusal ? They have to to give you a reason . you need to seek professional assistance


So sorry to hear about what happened Boomkin 

EDT- That's exactly what I was trying to figure out, how can they just deny 801 application without a solid reason. 
The only reason why I can think from the little knowledge I have is that the immigration didn't think the OP is in a genuine relationship, which I'm sure isn't the case. But besides this I can't think of any other reason that would cause the rejection.

I mean if they didn't think the OP was in a genuine relationship with the sponsor how did they grant the 820 in the first place 

OP- Post this question on the http://www.australiaforum.com/visas-immigration/49513-ask-mark-413.html thread and he will help you out.
Good Luck!!! Stay strong, and remember at the end of the day, love always wins!

Kind Regards,
Becky


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## Becky26 (Jun 18, 2013)

Boomkin said:


> Unfortunately we do not know yet because Immigration sent to paperwork to my lawyer and somehow paperwork went back to sender ! So we are thinking to go Melbourne office and find out what's going on with it. According to my lawyer there is no reason to refuse my application and my *lawyer thinks someone complained us about something* but for what seriously my lawyer did not do their job properly and they did not protect my rights.I wish I did all the paper work by myself.


I highly doubt immigration would just make a decision on someone's complaint without actually contacting you, your partner or the lawyer and requesting an explanation on the complaint that was sent in.

They can't just pull families apart simply because someone complaint about you. There is more to what happened I think.


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## Boomkin (Sep 26, 2014)

Becky26 said:


> I highly doubt immigration would just make a decision on someone's complaint without actually contacting you, your partner or the lawyer and requesting an explanation on the complaint that was sent in.
> 
> They can't just pull families apart simply because someone complaint about you. There is more to what happened I think.


I really do not know, but we will try to contact with the case officer and find out the reason why they gave us such a cruel decision. Also we do not want to discuss the situation over the phone we want to go the main office in Melbourne and take the refusal papers otherwise we wont have time for MRT.

And we will try to apply for MRT and see what's going to happen in there and this time we will do everything without lawyers. I spent so much money on immigration lawyers and I get this results and no answer for anything.My friends done all the paper work by themselfs and everything went so smooth.


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## Becky26 (Jun 18, 2013)

*Just an Advice*



Boomkin said:


> I really do not know, but we will try to contact with the case officer and find out the reason why they gave us such a cruel decision. Also we do not want to discuss the situation over the phone we want to go the main office in Melbourne and take the refusal papers otherwise we wont have time for MRT.
> 
> And we will try to apply for MRT and see what's going to happen in there and this time we will do everything without lawyers.


Fair enough! Get your lawyer to email you the decision record so you can read it and find out the reason for denial yourself. Don't leave everything to the lawyer.

When our 820/801 was denied, the case officer clearly wrote that he is rejecting our application because of the lack of evidence to prove that the relationship is genuine.
Finding out the reason for the rejection is the most important thing.

When you find out the reason and if it's ok with you, could you please share it with us. It'll help many others in the future. Thank You!
Good Luck! Please do let us know how you go.

Kind Regards,
Becky


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## Boomkin (Sep 26, 2014)

Becky26 said:


> Fair enough! Get your lawyer to email you the decision record so you can read it and find out the reason for denial yourself. Don't leave everything to the lawyer.
> 
> When our 820/801 was denied, the case officer clearly wrote that he is rejecting our application because of the lack of evidence to prove that the relationship is genuine.
> Finding out the reason for the rejection is the most important thing.
> ...


No worries thank you ! I definitely will do.


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## EDT (Aug 22, 2014)

Bomkin you will need a damn good lawyer for MTR . i suggest you change the current one . because base on eveythibg you are saying here he's not a good one .


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## Boomkin (Sep 26, 2014)

EDT said:


> Bomkin you will need a damn good lawyer for MTR . i suggest you change the current one . because base on eveythibg you are saying here he's not a good one .


Do you any good one in Queensland ?


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## Mish (Jan 13, 2013)

So sorry for your rejection. It is not all that common for a 801 rejection after an 820 approval. 

Did you provide enough evidence to show that the relationship is still ongoing? 

I too thought maybe someone complained but then why not interview or make a surprise house visit to make sure. 

Alot of MRT lawyers/agents can be located anywhere in Australia and then just fly in for the hearing. 

I thought immigration emailed all the decisions these days. Maybe ring them and see if they can email the decision through.


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## Boomkin (Sep 26, 2014)

Mish said:


> So sorry for your rejection. It is not all that common for a 801 rejection after an 820 approval.
> 
> Did you provide enough evidence to show that the relationship is still ongoing?
> 
> ...


yes we provide a lot of documents about our relationship everything was fine and we did all the paper work with lawyer .

Do you reckon is it necessary to do MRT with lawyers ? Because I am married what they can do are they gonna come with cops to my house and seperate me from my wife if we lose MRT as well ? I dont think they could take that far the situation..


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## Mish (Jan 13, 2013)

Boomkin said:


> yes we provide a lot of documents about our relationship everything was fine and we did all the paper work with lawyer .
> 
> Do you reckon is it necessary to do MRT with lawyers ? Because I am married what they can do are they gonna come with cops to my house and seperate me from my wife if we lose MRT as well ? I dont think they could take that far the situation..


You mentioned before you used a lawyer for the application ... not all lawyers are specialists in immigration so usually it is recommended that you use a migration agent.

Did the lawyer submit all the docs you gave them? There was a case a year or so ago where the agent/lawyer did not submit all the evidence they gave them and then it was rejected.

In regards to MRT alot of people get someone who specialises with MRT (I think registered migration agents do them too) as it is their last hope to remain in Australia.

If you lose MRT you will have 28 days. If you don't and immigration find out they can come and get you and take you to a detention centre before deporting you. I have watched border security and this one person they came to the house in the middle of the night and took her to immigration (can't remember if the cops were there or not).

It will be interesting to what the reason is especially since you were granted the 820.

If you do it alone don't forget to do a FOI request which will give you everything for your case ... including notes made by the officer.

You need the decision ASAP so that you can lodge your appeal because as you are probably aware there is limited time to do that.


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## Ninja69 (Oct 29, 2013)

Hi Boomkin,

Sorry to hear about the refusal... It is not too late...

I suggest avail the service of Mark Northam. He helped me in my 820 partner visa application. Contact him in the Ask Mark thread. He is a very good Migration Agent. Schedule a private Consulatation thru Skype so he can have a view of your application

Cheers!
Ninja69


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## waiting_is_happiness (Oct 3, 2013)

Sorry to hear about that terrible outcome Boomkin, and good luck with the MRT. I personally think Mark Northam could be in a good position to offer the service to fight at the MRT, he seems a good Migration Agent to anyone of us, who desperate hope to be granted the Aussie PR.

Again, g'luck mate!


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## Becky26 (Jun 18, 2013)

Mish said:


> You mentioned before you used a lawyer for the application ... not all lawyers are specialists in immigration so usually it is recommended that you use a migration agent.
> 
> Did the lawyer submit all the docs you gave them? There was a case a year or so ago where the agent/lawyer did not submit all the evidence they gave them and then it was rejected.
> 
> ...


This case is scaring the crap outta me  Still wondering what could've been the reason for the denial of the 801 even though the OP is still happily married to the sponsor and have been married for quite sometime now.

And why won't immigration contact the applicant before making such a drastic decision that could lead to breaking a family apart? is a head scratcher
Good Luck OP! 

Kind Regards,
Becky


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## CollegeGirl (Nov 10, 2012)

The only two cases I've seen from reading here and other message boards where the 820 was approved and the 801 was denied like this - 1) They requested documents for the reassessment and no documents were provided (wondering if your lawyer maybe forgot to send them in, or they didn't receive them?) or 2) they had been provided such solid evidence of fraud that there was no question the couple were not genuine. 

I too am very, very curious what is going on! Sorry Boomkin - keep us updated and let us know what they said was the reason for your refusal.


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## aussiesteve (Mar 16, 2012)

Becky26 said:


> This case is scaring the crap outta me  Still wondering what could've been the reason for the denial of the 801 even though the OP is still happily married to the sponsor and have been married for quite sometime now.
> 
> And why won't immigration contact the applicant before making such a drastic decision that could lead to breaking a family apart? is a head scratcher
> Good Luck OP!
> ...


Hi. 
I think the important lesson to be learnt here is how the system works. Many people lose sight of the fact that it is up to the applicant to prove the validity of their application, it is not up to the department to disprove it.
Remember emotions are NOT taken into account when they are making decisions.
Another thing we see is people talking about a "decision ready" application, anyone who submits an application that isn't decision ready is doing themselves a grave disservice.
To the OP I would suggest you make an immediate appointment with any of the reputable Migration Agents who are on this list.
Good luck!


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## EDT (Aug 22, 2014)

I think we're all curious to find out why Bombin 801 was refused. And I side with collegegirl reasons. Forgot to provide documents or fraud .


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## Becky26 (Jun 18, 2013)

aussiesteve said:


> Hi.
> I think the important lesson to be learnt here is how the system works. Many people lose sight of the fact that it is up to the applicant to prove the validity of their application, it is not up to the department to disprove it.
> Remember emotions are NOT taken into account when they are making decisions.
> Another thing we see is people talking about a "decision ready" application, anyone who submits an application that isn't decision ready is doing themselves a grave disservice.
> ...


Don't take this the wrong way, but as cruel and unfair as your point sounds DIBP does seems to be making decisions based on what's available on paper in form of evidence and not based on emotions and feelings  without any ultimatum that they are going to reject the application if the applicant doesn't provide an explanation (if the applicant committed fraud or to provide the paperwork that could lead to rejection) within a certain period of time.


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## aussiesteve (Mar 16, 2012)

Becky26 said:


> Don't take this the wrong way, but as cruel and unfair as your point sounds DIBP does seems to be making decisions based on what's available on paper in form of evidence and not based on emotions and feelings  without any ultimatum that they are going to reject the application if the applicant doesn't provide an explanation (if the applicant committed fraud or to provide the paperwork that could lead to rejection) within a certain period of time.


Hi Becky
It is always hard to separate emotions from logic when people's lives are being affected . Emotive words such as cruelty and unfairness have no bearing on the deliberations of a CO assessing the validity of an application.
As I said before it is up to the applicant to prove the worthiness of their application.


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## Mish (Jan 13, 2013)

I too am curious to the rejection reason. This is the 2nd one I have read of recently where they were on a 820 and then given a BVA. I am unsure if the other one was rejected too.


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## Engaus (Nov 7, 2013)

To be honest I think we will discover that this will be an error by the lawyer. The process from temporary to permanent partner visa is so straight forward that to me there can only be two options here 1. There has been fraudulent documents provided (perhaps by the agent) or 2. The lawyer did not supply immi with all the documents that the applicant gave the lawyer ( or some other error by the lawyer).

I'd never ever use a lawyer to lodge a visa application unless they dealt purely with Australian visas.


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## Maggie-May24 (Jul 24, 2011)

I'm surprised your lawyer (is he a migration agent, or simply a lawyer?) is dealing with DIBP by mail when online is so much easier and quicker.

I'd have a good conversation with your lawyer immediately as to what documents he provided, any additional communication he may have had from DIBP, etc. Unless you come out of that conversation believing everything was done appropriately, I'd ask the lawyer for all your documentation back, and I'd immediately engage a new migration agent (personally, I'd contact Mark Northam for this). You'll need a good migration agent to submit a thorough submission to MRT which will hopefully get you a much happier result.


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