# PR refused, appeal to MRT..What happens?



## amy27 (Mar 12, 2013)

Hi there

I really need a help please.
I have had a temporary residency based on a de-facto with my former partner, and the relationship broke down due to some circumstances and I applied PR based on Family violence. However I think they will refuse my case, because they are no convinced that I suffered FV.

Anyway, I want to know what bridging visa I will be given if I appeal to MRT. There is a big difference between BVA and BVE, and I am guessing it will be either of them.

If my PR application is refused, I should receicve a notice from DIAC advising they have decided to refuse my case, also stating that I have 28 days from the dated of issue day of the letter.

Does that mean, I will be put on a bridging visa (either A or E?) automotically when they ISSUE the letter?
Or does that mean, that I will be given 28 days to prepar for MRT, and when I appeal to MRT, I will be given a bridging visa (either A or E)??

What are the chances I will be given BVE? Because I have been in Australia working for almost 4 years now, and I have all the things I need for life and I need to work to earn money to support myself, and I need medicare to access to the medication I have been taking.

Wouldnt it be so cruel for them to give me BVE, considering the waiting period of the outcome at MRT for PR now is about over a year?

Any comments or help is appreciated.
Thank you:confused


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## rebeccaf (Jun 21, 2013)

So, have you already applied for pr and been refused? When you apply for pr, you will have to make a statutory declaration. Be very clear and concise. They take domestic violence very seriously, does your doctor know about this? your family? If they do, they can also make declarations that you can include in your application. You have been here and working and supporting yourself for four years. I think you have a very good chance of being approved for pr. My CO just called me on the phone to tell me what I needed to do. You will get some sort of bridging visa while your pr is decided.Good luck and let us know.


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## amy27 (Mar 12, 2013)

rebeccaf said:


> So, have you already applied for pr and been refused? When you apply for pr, you will have to make a statutory declaration. Be very clear and concise. They take domestic violence very seriously, does your doctor know about this? your family? If they do, they can also make declarations that you can include in your application. You have been here and working and supporting yourself for four years. I think you have a very good chance of being approved for pr. My CO just called me on the phone to tell me what I needed to do. You will get some sort of bridging visa while your pr is decided.Good luck and let us know.


Hi, thank you for the reply.

Yes I have already gone through the whole process/application of Family violence provision. When the relationship broke down, I myself reported it to DIAC as it was required, and from there I proceeded with the FV provision with help from a professional visa agent.

Now DIAC looked at my application and is not convinced I suffered FV. In mean time they will refuse my application, which means I will need to appeal to MRT.

So my question regarding this was about bridging visa. Is that right I could be issued with a BVE?? That visa is not good at all but can someone live for over a year with no work and no medicare?


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## GBP (Jun 1, 2013)

I think your migration agent would be able to give you a better and clearer answer to your questions. That's why you hire an agent, isn't it?

And I think you can apply to the DIAC to lift the working limitations of BV E due to financial hardships.


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## amy27 (Mar 12, 2013)

GBP said:


> I think your migration agent would be able to give you a better and clearer answer to your questions. That's why you hire an agent, isn't it?


Hi, yes that is right!
I just get so worried and stressed thinking about when getting refused, appealing to MRT and getting a BV... And i was hoping maybe someone on here has had a similar experience before and could give some insight.


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## rebeccaf (Jun 21, 2013)

amy27 said:


> Hi, yes that is right!
> I just get so worried and stressed thinking about when getting refused, appealing to MRT and getting a BV... And i was hoping maybe someone on here has had a similar experience before and could give some insight.


Here's what I would do and do it quick: Have your doctor, family, friends, make statutory declarations about the family violence. These, too, have to be clear, and concise. I understand from what you wrote that you are under a doctor's care? Get diagnosed with post traumatic stress syndrome. ( I'm not sure why you weren't referred already?) You will get a bridging visa while you appeal, I don't know anything about those, but go get a room somewhere for 100$ a week, have your gp write you enough meds for three months. My only similar experience is the when I applied for rrv, I had to explain why I had been out of the country so long. Part of it was that my former spouse had made threats to me. I didn't have to go into detail about that. But my narrative was clear, concise, and so were all my statutory documents from family etc. I think you will be successful. Let us know


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## amy27 (Mar 12, 2013)

rebeccaf said:


> Here's what I would do and do it quick: Have your doctor, family, friends, make statutory declarations about the family violence. These, too, have to be clear, and concise. I understand from what you wrote that you are under a doctor's care? Get diagnosed with post traumatic stress syndrome. ( I'm not sure why you weren't referred already?) You will get a bridging visa while you appeal, I don't know anything about those, but go get a room somewhere for 100$ a week, have your gp write you enough meds for three months. My only similar experience is the when I applied for rrv, I had to explain why I had been out of the country so long. Part of it was that my former spouse had made threats to me. I didn't have to go into detail about that. But my narrative was clear, concise, and so were all my statutory documents from family etc. I think you will be successful. Let us know


When I informed DIAC of the relationship break down due to FV, I was told that I needed to apply for PR with the evidence for FV. So I got three stat decs from my GP, a social worker and a physiologist. So I think I did all that previously. Now DIAC got back to me and said they are not convinced I suffered FV, and soon my application will be refused.

At this moment it has not been refused, but it will soon 

I am very frustrated with the whole process.. My FV provision for PR took them over a year to start assessing. I do relay on my income and medicare as I have constant medication I need to access using medicare.

I hope you are right about me getting a PR. I just get so so worried as DIAC seems to be very inconsiderate to some circumstances.


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## rebeccaf (Jun 21, 2013)

amy27 said:


> When I informed DIAC of the relationship break down due to FV, I was told that I needed to apply for PR with the evidence for FV. So I got three stat decs from my GP, a social worker and a physiologist. So I think I did all that previously. Now DIAC got back to me and said they are not convinced I suffered FV, and soon my application will be refused.
> 
> At this moment it has not been refused, but it will soon
> 
> ...


That's just amazing, to me. Mine was very, very fast but my children were born here and minors under 18 and my son would have had nowhere to go. Lots of people get visas granted when they appeal. Again, think about having your gp rx you for three months and get the cheapest room you can. Save money. Let us know please, what happens. Best of luck


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## amy27 (Mar 12, 2013)

rebeccaf said:


> That's just amazing, to me. Mine was very, very fast but my children were born here and minors under 18 and my son would have had nowhere to go. Lots of people get visas granted when they appeal. Again, think about having your gp rx you for three months and get the cheapest room you can. Save money. Let us know please, what happens. Best of luck


Yes I know. Even my agent was shocked how long DIAC took to open my case. It apparently is unusual. I was refereed to the independent assessor who is a psychologist by DIAC. Yes, it was after OVER A YEAR I was abused.

When I got a response from DIAC after I saw the independent psychologist (finally, after a year), which was last month, I responded them in writing with some concerns that I was not given a fair procedural under an assessment with the external psychologist as well as a new stat dec from my original psychologist who helped me with the application.

I have had sleepless night thinking about future


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## rebeccaf (Jun 21, 2013)

omg, that sounds just crazy. What do you for work, may I ask? go, tomorrow, to your gp and tell that you are having panic attacks. Do the treatment for that while you still have medicare. I feel sure that you will be successful on your appeal. Do it all now, while you can. And like I said, start now, getting your expenses minimal while you wait for decision. I really feel for you. I had no idea it could be this hard. My heart goes out to you.


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## amy27 (Mar 12, 2013)

rebeccaf said:


> omg, that sounds just crazy. What do you for work, may I ask? go, tomorrow, to your gp and tell that you are having panic attacks. Do the treatment for that while you still have medicare. I feel sure that you will be successful on your appeal. Do it all now, while you can. And like I said, start now, getting your expenses minimal while you wait for decision. I really feel for you. I had no idea it could be this hard. My heart goes out to you.


So does this sound unusual to you as well? My agent suggested that I claim to DIAC about fair procedural. They took over a year and it was not considered at the interview which only went for 2.5 hours.... Who can remember everything in detailed out over a year?

I feel like mistreated.. Thank you for your words. They mean so much.


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## amy27 (Mar 12, 2013)

rebeccaf said:


> omg, that sounds just crazy. What do you for work, may I ask? go, tomorrow, to your gp and tell that you are having panic attacks. Do the treatment for that while you still have medicare. I feel sure that you will be successful on your appeal. Do it all now, while you can. And like I said, start now, getting your expenses minimal while you wait for decision. I really feel for you. I had no idea it could be this hard. My heart goes out to you.


Could I ask if you went through the same thing? FV provision? If so what was your procedure like?

Thank you


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## rebeccaf (Jun 21, 2013)

amy27 said:


> So does this sound unusual to you as well? My agent suggested that I claim to DIAC about fair procedural. They took over a year and it was not considered at the interview which only went for 2.5 hours.... Who can remember everything in detailed out over a year?
> 
> I feel like mistreated.. Thank you for your words. They mean so much.


I didn't go through the same thing. sort of. My children were born here, my son would have had nowhere to go if I couldn't stay. But, let me say this. If you read carefully, the word 'compelling' is there in the conditions that must be met. Now, research very carefully just what 'compelling' means. Have a clear understanding of what that means. Tailor your claim to that. Also, and this is just me as a nobody saying, but many,many people have won their appeals on this very word and meaning. I think it will take you much further than claiming a procedural wrong on DIAC's part. Not that it didn't happen, but they will probably look more favourably on someone putting their case forward in a clearer light rather than a procedural error. Just my 2cents, and there is a MARA agent on here that can probably help you further.


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## amy27 (Mar 12, 2013)

rebeccaf said:


> I didn't go through the same thing. sort of. My children were born here, my son would have had nowhere to go if I couldn't stay. But, let me say this. If you read carefully, the word 'compelling' is there in the conditions that must be met. Now, research very carefully just what 'compelling' means. Have a clear understanding of what that means. Tailor your claim to that. Also, and this is just me as a nobody saying, but many,many people have won their appeals on this very word and meaning. I think it will take you much further than claiming a procedural wrong on DIAC's part. Not that it didn't happen, but they will probably look more favourably on someone putting their case forward in a clearer light rather than a procedural error. Just my 2cents, and there is a MARA agent on here that can probably help you further.


Hi, yes it's been really difficult. As its been over a year and now I can't even recall fine details of incidents.
What do you exactly mean by knowing the meaning of the word compelling? Yes my agent listed a few points regarding unfair procedural and I've been disadvantaged..


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## rebeccaf (Jun 21, 2013)

I have no idea what the appeal process is and what the form is like or whatever. You might want to do a two pronged attack by the procedural errors and wrongs, and making your case 'compellling'. What does this mean? It means it must tug at the heart. It must ring true. It must tell a story, a clean and concise story about : What happened to you. A typical event in a day of your marriage. You say you can't remember fine details of some incidents. They should be etched in your mind, so that you can etch them into the reader's minds. Why you need to stay in Australia. What you offer to Australia. When I did mine, I don't think anybody could read it and not shed a tear. But remember, I have children here that I could not be torn away from. It must be very well written and not long. So go over your case now, while you have time, and think about this and perhaps write a few different decs and meet with your agent and talk about this. I really do feel that you will prevail.


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## amy27 (Mar 12, 2013)

rebeccaf said:


> I have no idea what the appeal process is and what the form is like or whatever. You might want to do a two pronged attack by the procedural errors and wrongs, and making your case 'compellling'. What does this mean? It means it must tug at the heart. It must ring true. It must tell a story, a clean and concise story about : What happened to you. A typical event in a day of your marriage. You say you can't remember fine details of some incidents. They should be etched in your mind, so that you can etch them into the reader's minds. Why you need to stay in Australia. What you offer to Australia. When I did mine, I don't think anybody could read it and not shed a tear. But remember, I have children here that I could not be torn away from. It must be very well written and not long. So go over your case now, while you have time, and think about this and perhaps write a few different decs and meet with your agent and talk about this. I really do feel that you will prevail.


Thank you so much for the advise.
I will talk to my agent and see what we can do to prepare for MRT appeal soon.... It is just upsetting that I am denied after over a year and none of the aspects are considered like the time period that was apart etc..


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