# Migration Review Tribunal



## Wanderer (Jun 16, 2007)

Unfortunately it seems a few posters are having to visit that process and so just putting the link up for reference.

MRT-RRT Homepage - MRT-RRT


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## trishher (Mar 3, 2010)

Skydancer said:


> Thanks dear Trissher
> 
> Could you clarify that please? Do you mean that you both were interviewed at the same time, but you went into the Australian office and from there they phoned him in Morrocco while you could listen?
> 
> Did you have to pay the $1400 fee both times, or is one time enough for two MRT's?


hi skydancer
yes we was both interviewed at the same time.,I was in the office while my husband was overseas.I could hear him when he was being interviewd but he couldnt hear me when i was interviwed.also one fee covers the MRT for as long as you need to go,


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## Skydancer (Jun 3, 2010)

Thanks Trishher. Well, at least they don't charge each time as some people went to the second MRT. Keeping my fingers crossed for you ! One day you and your husband will look back and laugh at how hard it was ...


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## trishher (Mar 3, 2010)

Skydancer said:


> Thanks Trishher. Well, at least they don't charge each time as some people went to the second MRT. Keeping my fingers crossed for you ! One day you and your husband will look back and laugh at how hard it was ...


hope we all can sis back and laugh one day take care skydancer


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## jejuniper (Jul 1, 2010)

Hi Trissher ... I think our time zones aren't lining up to be able to talk on MSN but I thought I'd ask you this on here as it might be useful to others too. How much notice are you given of the hearing date for the MRT? My husband and I want to both attend in person but that will mean at least one of us will need to fly in from the USA. Just wanted to find out if it's days or weeks or months before they let you know.

Thank you!


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## trishher (Mar 3, 2010)

jejuniper said:


> Hi Trissher ... I think our time zones aren't lining up to be able to talk on MSN but I thought I'd ask you this on here as it might be useful to others too. How much notice are you given of the hearing date for the MRT? My husband and I want to both attend in person but that will mean at least one of us will need to fly in from the USA. Just wanted to find out if it's days or weeks or months before they let you know.
> 
> Thank you!


sorry jejuniper our internet kept crashing.we had a letter 6 weeks prior to the hearing hope that helps


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## jejuniper (Jul 1, 2010)

trishher said:


> sorry jejuniper our internet kept crashing.we had a letter 6 weeks prior to the hearing hope that helps


Thanks trishher - yes, that it is good to know, just to get a rough idea!


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## trishher (Mar 3, 2010)

I cant understand the MRT ...we are still waiting for the decission for my husbands spouse visa.my own health is crashing with BSL in the 20.s I realise there are many cases but after 2 hearings and all the extra evidence submitted what can the delay be.If the decission is turned that would be a relief if not that would at least be a decission.mRt has had our case since march 2010.


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## Skydancer (Jun 3, 2010)

Dear Trishher,

Hope you get your positive decision real soon! Hang in there, as surely it must be coming very soon. I really feel for you and all of us that are on tenter hooks waiting.. Remember, this will all be in the past and you and your hubby will be together happily in Australia.  as will we all )


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## trishher (Mar 3, 2010)

Skydancer said:


> Dear Trishher,
> 
> Hope you get your positive decision real soon! Hang in there, as surely it must be coming very soon. I really feel for you and all of us that are on tenter hooks waiting.. Remember, this will all be in the past and you and your hubby will be together happily in Australia.  as will we all )


thankyou skydancer you hang in there too after the darkness comes the light god bless


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## coyle1983 (Mar 11, 2010)

post deleted


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## mondy007 (May 2, 2010)

hi ttrishher we never get the chance to meet on msn but i wanted to ask this which application i should use mr1 or mr2 and if i could send some proves with the application 
thanks t


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## trishher (Mar 3, 2010)

mondy007 said:


> hi ttrishher we never get the chance to meet on msn but i wanted to ask this which application i should use mr1 or mr2 and if i could send some proves with the application
> thanks t


hi mondy as I used a migrant agent to help me Im not sure.maybe wanderer would have a better idea or someone may be able to answer your question.


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## trishher (Mar 3, 2010)

coyle1983 said:


> I was under the impression that it takes between 9 - 12 months as standard for the MRT to make their decision, i hope im wrong in your case trishher


Hi Coyle

When the application has been put in for a tribunal hearing the wait can be between 9-12 months.Sometimes longer our wait was 13 months,

Once a person has had the hearing the decission can be given that day,this has been the case of some people I know.I guess is depends on each individual case.As in our own case the first hearing *21st april 2010 *went for 3.5 hours.we were then told we would be notified of the outcome.5 weeks later we was invited for a second hearing and waited another 5 weeks for that date.The second hearing *30th june 2010* went for 5.5 hours.After this hearing we was invited to submit further evidence and and given until *31st august *to submit that.we are now waiting for the decission.


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## Skydancer (Jun 3, 2010)

3.5 hours, 5.5 hours! My goodness, what on earth can they ask about that would take so long?

What an ordeal.


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## trishher (Mar 3, 2010)

Skydancer said:


> 3.5 hours, 5.5 hours! My goodness, what on earth can they ask about that would take so long?
> 
> What an ordeal.


the same thing from many different angels...

why did we chose to go to egypt and get married without family and friends .regardless of the fact we didnt want a moroccain wedding or a fuss.we wanted to spend what money we had on our honeymoon in Egypt.The member kept saying DONT YOU THINK your husbands family would have liked to see him get married.I was so proud when my daughter spoke to him and asked.."why is it so important that they should see them get married when moms family cant'? also my husband and I explained in what felt like a 1000 ways it would not have been possible for both families to be present and egypt was a neutral country fair to all


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## Skydancer (Jun 3, 2010)

Do the people on the tribunal consist of the same ones that are working at the Cairo embassy then?


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## mondy007 (May 2, 2010)

i will apply a review but i do not know which i application i should fill my visa was 309 and 100 .. should i used m1 or m2


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## trishher (Mar 3, 2010)

Skydancer said:


> Do the people on the tribunal consist of the same ones that are working at the Cairo embassy then?


The people at the tribunal we are told are a separate department altogether.They must look at your case without influence from anywhere else.If the decission is overturned they then inform the department where the original decission was made.


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## annie123 (Apr 4, 2010)

coyle1983 said:


> I was under the impression that it takes between 9 - 12 months as standard for the MRT to make their decision, i hope im wrong in your case trishher


 I phoned MRT a couple of weeks ago to try and find out when we would be allocated at date. In the letter we received acknowledging we had submitted we were told 9 - 12 months, but upon phoning them I was told it would be AT LEAST 15 months before we would be allocated a date for tribunal. Then if we lucky and it is remitted BACK to Cairo, we then have to wait for their decision again and at the moment people I know have been waiting since January 2010 to be issued their visa. Considering Cairo took 10 months to give refusal in the first place, and now a further 15 months for MRT, and who knows how long after that, it seems our life is on hold for a further few years if we are lucky.
I think immigration forget we are humans with feelings. Seems Cairo cannot deal with the work load so they send us on to MRT, probably hoping we all just go away.


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## annie123 (Apr 4, 2010)

Skydancer said:


> Do the people on the tribunal consist of the same ones that are working at the Cairo embassy then?


Hi Skydancer, No the tribunal is held here in Australia and they are a separate body of members. If tribunal remit it back to Cairo we are then supposed to have a different CO to review again and issue the visa, and if Cairo refuses again they have to give a different reason for their refusal.


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## Skydancer (Jun 3, 2010)

Thanks Trishher and Annie. I just can't believe this system is so cruel and heartless. Surely, it can't be that hard to recognise a genuine couple!! I'm fearful it may happen to any of us, seeing that it happened to you guys, as those reasons they've given you can equally apply to so many of us. Small weddings, different religions, ages, cultures and so on...

Can anyone help Mondy007, as he is understandably distressed. Which form would he need to use?

Stay strong everyone, the light at the end of the tunnel gets nearer every day


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## trishher (Mar 3, 2010)

mondy007 said:


> i will apply a review but i do not know which i application i should fill my visa was 309 and 100 .. should i used m1 or m2


Hi again Mondy I found this out for you

Forms and brochures - MRT-RRT

Application forms

Application Form for applicants *not in immigration detention *pdf - M1

Application for Fee Waiver pdf - M11

you can download them from the net


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## Inan (Oct 25, 2010)

Hello, 
I applied for visa subclass 309, the partner visa, and i got refused visa because the Minister wasn't satisfied that my wifes intention is to live in Australia, (shes a PR holder) because she's been living with me in the Maldives for the past two years. She has to be in Australia about another 11 months for her to be eligible to apply for citizenship.The case officer tells me my next option would be to appeal to the MRT. 
I was wondering what documents do I need to forward to the MRT along with my application for appeal? Do I need to forward the whole application (the one I gave to the immigrations) again? 
Thank you for your help
Inan


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## annie123 (Apr 4, 2010)

Inan said:


> Hello,
> I applied for visa subclass 309, the partner visa, and i got refused visa because the Minister wasn't satisfied that my wifes intention is to live in Australia, (shes a PR holder) because she's been living with me in the Maldives for the past two years. She has to be in Australia about another 11 months for her to be eligible to apply for citizenship.The case officer tells me my next option would be to appeal to the MRT.
> I was wondering what documents do I need to forward to the MRT along with my application for appeal? Do I need to forward the whole application (the one I gave to the immigrations) again?
> Thank you for your help
> Inan


Hi Inan, im sorry to hear you received a refusal.; You have 70 days only to submit application to MRT. - over that time they will not accept ur application. Bascially you have to prove that the decision from embassy was incorrect in their decision, and show further reasons that this decision was not correct. You supply any other information to prove this to MRT. You do not have to resubmit your original forms, they get these from the Emabassy. You Can apply for all your file from the embassy via freedom of information. cost $35.00. Check out the website for MRT.


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## tiramisu (Jul 27, 2010)

Hello I hope someone can shed some light to me. I have just found out after 10 months wait that my husband who is currently in Bosnia got his visa refused and we have right to go to MRT tribunal for a review of the application. I was thinking when we apply for the review to go overseas for six months or more and wait for the decision from over there. Is this a good idea to do it and will it help our application. And also will I be able to send any new documentation to MRT tribunal while we wait for the hearing date.
Thank you for any advice


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## jejuniper (Jul 1, 2010)

tiramisu said:


> Hello I hope someone can shed some light to me. I have just found out after 10 months wait that my husband who is currently in Bosnia got his visa refused and we have right to go to MRT tribunal for a review of the application. I was thinking when we apply for the review to go overseas for six months or more and wait for the decision from over there. Is this a good idea to do it and will it help our application. And also will I be able to send any new documentation to MRT tribunal while we wait for the hearing date.
> Thank you for any advice


Hi tiramisu,

It would depend on the reason your husband's visa was refused - if it was because the case officer did not think you were in a genuine relationship then, yes, living together until you have a tribunal hearing would certainly help. You would also probably benefit a lot from having a consultation with a lawyer as they would be able to give you advice on what would best help your specific case (as everyones circumstances are different). You could also check the MRT decisions database and search for cases similar to yours that had a successful outcome, to see what kind of evidence they provided: Migration Review Tribunal of Australia

I also think that, if your case goes to a hearing, it is very advantageous if both you and your husband attend in person.

best wishes to you - very sorry to hear about the visa refusal,
Jen


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## Wanderer (Jun 16, 2007)

*A sticky Thread for reference purposes*

*Do not post anything else other than relevant general information *on this thread for as a sticky it is a reference thread and I will shortly be deleting all posts that should not be there.

*That means for discussion of individual cases etc.*, as with all other reference threads, seek information and then start your own particular thread.


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## Gayle_M (Apr 26, 2010)

annie123 said:


> Hi Skydancer, No the tribunal is held here in Australia and they are a separate body of members. If tribunal remit it back to Cairo we are then supposed to have a different CO to review again and issue the visa, and if Cairo refuses again they have to give a different reason for their refusal.


Hello Annie
I hope by now your husbands visa has been granted and that you are both together in Australia. 
My husbands visa has been refused by the woman who conducted his interview in Cairo (Mary Antonio) and not our Case Officer. So now I am wondering who in Cairo will review our visa since our CO did not make the decision to refuse us.
So we are now going through the Tribunal and I am planning on returning to Morocco if we have to wait another 12 to 15 months for a hearing.
Can I ask you what kind of further proof of a genuine relationship you provided for the Tribunal ? The main point Mary refused us was that we do not have a joint bank account ( a bit hard to set up a bank account in Australia without him here to provide a signature!!) but it was the only point she could use as we have provided everything else. Any other point she made was either a lie or her own prejudice or misunderstanding of Moroccan culture. I am naturally very upset by all of this and would welcome any advice you could give me
Thank you
Regards
Gayle


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## Safy888 (May 17, 2011)

*Refusal of visa through Cairo office*



Gayle_M said:


> Hello Annie
> I hope by now your husbands visa has been granted and that you are both together in Australia.
> My husbands visa has been refused by the woman who conducted his interview in Cairo (Mary Antonio) and not our Case Officer. So now I am wondering who in Cairo will review our visa since our CO did not make the decision to refuse us.
> So we are now going through the Tribunal and I am planning on returning to Morocco if we have to wait another 12 to 15 months for a hearing.
> ...


Hi Gayle
My husband's (he is Egyptian) visa was refused last Wednesday, also by Mary Antoniou . This woman seems to make an incredible amount of assumptions, she didn't personally interview either my husband or myself. Yes ours also mentioned lack of joint bank account, even though I had pointed out months prior that it was impossible (I contacted my bank, and they stated that Australian banking regulations say he must be an Australian resident to hold a bank account here!) She cited our age (we can't change that, but also it isn't really anyone's business except ours), she cited religious differences ( she neglected to read that I converted to Islam here in Australia, before our marriage) and she also cited the lack of a large traditional wedding celebration (even though his mother, 1 brother and 1 sister were there, they supplied the cake, insisted on us toasting each other - obviously, I must have dreamt the whole thing, because apparently none of the photos that we provided were enough evidence). 
If you like I'd be interested to correspond with you privately, to swap tales and possible tactics!!
Regards
Safy


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## Gayle_M (Apr 26, 2010)

Safy888 said:


> Hi Gayle
> My husband's (he is Egyptian) visa was refused last Wednesday, also by Mary Antoniou . This woman seems to make an incredible amount of assumptions, she didn't personally interview either my husband or myself. Yes ours also mentioned lack of joint bank account, even though I had pointed out months prior that it was impossible (I contacted my bank, and they stated that Australian banking regulations say he must be an Australian resident to hold a bank account here!) She cited our age (we can't change that, but also it isn't really anyone's business except ours), she cited religious differences ( she neglected to read that I converted to Islam here in Australia, before our marriage) and she also cited the lack of a large traditional wedding celebration (even though his mother, 1 brother and 1 sister were there, they supplied the cake, insisted on us toasting each other - obviously, I must have dreamt the whole thing, because apparently none of the photos that we provided were enough evidence).
> If you like I'd be interested to correspond with you privately, to swap tales and possible tactics!!
> Regards
> Safy


Hi Safy

I have left you a PM please free to contact me


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## omozina69 (Nov 29, 2010)

Hi all, just thought i would add to this thread as i have just been through with the MRT, i put my application in on Feb 11 2011 and got my interview on the 23rd of may , just got word back yesterday 31st may my interview went well and it is being remitted back to Malaysia KL,they decided we do meet the criteria for a subclass 309 partner (provisional)) visa , my husband is Nigerian and resides there, so now we wait on what happens from that end all i know is they do have to take regard on the decision and direction made by the tribunal im just staying very positive i think should all work out well.. good luck to everyone its been a very hard long process and very lonely and sad too


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## weng (Nov 19, 2010)

omozina69 said:


> Hi all, just thought i would add to this thread as i have just been through with the MRT, i put my application in on Feb 11 2011 and got my interview on the 23rd of may , just got word back yesterday 31st may my interview went well and it is being remitted back to Malaysia KL,they decided we do meet the criteria for a subclass 309 partner (provisional)) visa , my husband is Nigerian and resides there, so now we wait on what happens from that end all i know is they do have to take regard on the decision and direction made by the tribunal im just staying very positive i think should all work out well.. good luck to everyone its been a very hard long process and very lonely and sad too


Congratulations!I am happy for you.We have just lodged last April, 2011 and now will wait for a hearing.May I inquire what was the reason for the refusal by the delegate in Malaysia?How come your interview came so early.Maybe yours was an easy case.I was told that the earliest we could get a hearing is 7 months from date of application.

Nevertheless, your case in indeed an inspiration for people like us going through the process.Thanks.


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## omozina69 (Nov 29, 2010)

weng said:


> Congratulations!I am happy for you.We have just lodged last April, 2011 and now will wait for a hearing.May I inquire what was the reason for the refusal by the delegate in Malaysia?How come your interview came so early.Maybe yours was an easy case.I was told that the earliest we could get a hearing is 7 months from date of application.
> 
> Nevertheless, your case in indeed an inspiration for people like us going through the process.Thanks.


Yes it was quick , i rang the tribunal about sending more info regarding my case he thought i was asking for my application to be prioritized & 3 weeks later i received a letter saying they had looked through my case and they felt my case should be prioritized although for me it mite of had a lot to do with the fact my youngest son has medical issues and i am unable to visit my husband its been very hard. Reason for the delegate refusing the application in Malaysia they felt my husband had married me for the sole purpose to enter Australia which is so untrue, the person that did the interview with my husband did not listen to anything my husband said she made many mistakes in the letter, questions didn't match answers and some that she mentioned in the refusal letter my husband said she never even asked him that just didn't make sense, so maybe also that had a lot to do with us getting our MRT interview quick and such a quick response, thank you and i wish you the best on yours and everyone else, hopefully all goes well when it reaches the other end but i cant see why not.. good luck everyone


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## y0uzil (Jun 3, 2011)

Great Post~


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## havaiana girl (Apr 10, 2010)

Hi Omozina69 and congratulations, could I please ask what office of the MRT was your hearing held? and did you apply for a priority hearing?

cheers and thanks

Susan


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## omozina69 (Nov 29, 2010)

havaiana girl said:


> Hi Omozina69 and congratulations, could I please ask what office of the MRT was your hearing held? and did you apply for a priority hearing?
> 
> cheers and thanks
> 
> Susan


Hi my hearing was done in PERTH via web cam it was Melbourne that dealt with my case , i actually didn't apply for priority at first, then i wrote to them asking them if it could be and 3 weeks later i received a letter saying that they felt my case should be prioritized and i also had the fee wavered too, good luck


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## omozina69 (Nov 29, 2010)

it took one week after our decision by MRT for the DIAC to contact us my husband has to renew his police checks unfortunately they just ran out of date, we are also being asked now to do an assurance of support, which we were never asked to do before when the application was first denied but am fine to do so, they said to try and get things done asap as they would like to get things finalized as quickly as possible, so now we are just hoping it will be a good outcome and we can finally be together


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## weng (Nov 19, 2010)

omozina69 said:


> it took one week after our decision by MRT for the DIAC to contact us my husband has to renew his police checks unfortunately they just ran out of date, we are also being asked now to do an assurance of support, which we were never asked to do before when the application was first denied but am fine to do so, they said to try and get things done asap as they would like to get things finalized as quickly as possible, so now we are just hoping it will be a good outcome and we can finally be together


 HI.Thanks for posting your experience.May i ask what was the reason the delegate gave for refusal ?What was the reason for your case to be considered priority? We are also in the dark because our solicitor said, it might take awhile before we even get to have the hearing and it might take a year before MRT will come up with a decision...Pls continue to share for your case brings hope and inspiration to couples like us waiting.Thanks a lot.


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## weng (Nov 19, 2010)

havaiana girl said:


> Hi Omozina69 and congratulations, could I please ask what office of the MRT was your hearing held? and did you apply for a priority hearing?
> 
> cheers and thanks
> 
> Susan


 Hi Susan, have you also applied at the MRT?May I ask what was the reason for refusal?When did you apply?Thanks


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## omozina69 (Nov 29, 2010)

weng said:


> HI.Thanks for posting your experience.May i ask what was the reason the delegate gave for refusal ?What was the reason for your case to be considered priority? We are also in the dark because our solicitor said, it might take awhile before we even get to have the hearing and it might take a year before MRT will come up with a decision...Pls continue to share for your case brings hope and inspiration to couples like us waiting.Thanks a lot.


Hi , I cant really say why they gave us priority , all i know is i received a letter saying they had gone through my application and they felt my case should be prioritized, it could have been many reasons the fact i have a son that has a mental illness also the fact the person who denied our visa had made many mistakes in the letter we received about why we were refused, in which my husband and i sent a letter to MRT with the application stating all of this, my hearing was in PERTH via webcam it was handled by MRT in Melbourne , i know if it isn't prioritized it can be a very lengthy wait. All the best


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## annie123 (Apr 4, 2010)

Gayle_M said:


> Hello Annie
> I hope by now your husbands visa has been granted and that you are both together in Australia.
> My husbands visa has been refused by the woman who conducted his interview in Cairo (Mary Antonio) and not our Case Officer. So now I am wondering who in Cairo will review our visa since our CO did not make the decision to refuse us.
> So we are now going through the Tribunal and I am planning on returning to Morocco if we have to wait another 12 to 15 months for a hearing.
> ...


Hi gayle - I have not been to the forum for a while. No it seems MRT review has been extended as from may 2011 for a further 12 - 18 months minimum they told me when i phoned them beginning of may2011. This is totally not acceptable - i have written to members of parliament etc but they advised we just have to wait in line.


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## omozina69 (Nov 29, 2010)

Hi all hope all is going well, just thought i would post and say my husband was granted his visa yesterday august 2nd , so happy cant believe it , going to the migration tribunal was well worth it if it wasn't for them saying we do qualify for a partner visa idk what would be happening its been a long hard wait 12 months all up , but all so worth it i can now get on with my life with my lovely husband , i wish you all the very best of luck with MRT and don't give up there's always a light at the end of the tunnel as they say just stay positive no matter what is thrown your way. take care all


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## weng (Nov 19, 2010)

omozina69 said:


> Hi , I cant really say why they gave us priority , all i know is i received a letter saying they had gone through my application and they felt my case should be prioritized, it could have been many reasons the fact i have a son that has a mental illness also the fact the person who denied our visa had made many mistakes in the letter we received about why we were refused, in which my husband and i sent a letter to MRT with the application stating all of this, my hearing was in PERTH via web cam it was handled by MRT in Melbourne , i know if it isn't prioritized it can be a very lengthy wait. All the best


hello everyone..We got the news yesterday.We have our first hearing set in October only after 6months of waiting.Is this a cause for worry or of expectation/Some dont get to be heard for a while , some takes 1 year before the hearing is set.

Now that the hearing is set, my partner and I are all nervous and panicky...not for anything else but for the fact that my partner has speech prob and when he gets uncomfortable with a person , he stutters and shuts up.The solicitor knows about this and has requested a close door hearing.

We are hopeful that the end is near and will eventually be reunited the soonest time possible...


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## omozina69 (Nov 29, 2010)

Theres no need to worry , the dates they give you is only an estimate of what they think the time frame will be before you have a hearing set and ofcpurse if it is prioritized like mine was, im thankfull to them though its now been a month since my husband has arrived and all is going really well it all just a memory now of what we had to go through. Just be truthfull and upfront about your relationship and im sure it will all go well and should be remitted back to the DIAC stay posotive all will be fine...best of luck to you and your husband theres always a light at the end of the tunnel , love will always find a way especially if its a strong love...take care


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## CristinaCris (Sep 27, 2011)

Hi all...

Can some one give me an advice of orphan relative visa?

Many thanks


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## weng (Nov 19, 2010)

*Ordeal's over!*

Helllo everyone! I thought I will just give an update on our MRT appeal. The hearing was finished yesterday, October 18 and then interview lasted for 2hours with all the preliminaries and so on. After the hearing , my partner assured me that it went well. They didn't ask for another hearing nor for additional documents.The members of the tribunal were happy with the documents and our replies matched. We didn't also need witnesses but because his family was there already, they asked his sister anyway. We were told that the decision will be given in a month or less because ours have dragged on too long.

I am fervently hoping that we will be vindicated this time around....about time to be reunited with my partner and to end all the misery, stress and pain that were caused by this separation.

To all those waiting, hoping and praying....there is light at the end of the tunnel and a very bright one indeed! Keep hoping..keep dreaming..and keep the love alive no matter what!


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## ramachandra.nama (Nov 16, 2011)

hello does any of you have any idea on student MRT cases how is it in the court?
i ahve my hearing on 6 dec and i have no idea about these things.
they refused my visa because they feel that i havenot shown enough funds to study.
could ou please gide me how the interview will be?
thanks,
rama


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## mymarocco (Jul 13, 2011)

hey how re u i have married australian wife they refused our visa and sent it to mrt in 2010 febrey since then they didint answer me or sent me e;ail to let me know when i pass my interview thanx u


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## mymarocco (Jul 13, 2011)

plz someone help me my msn is [email protected]


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## Gayle_M (Apr 26, 2010)

For everyone waiting for their MRT date for a Partner Visa I have some bad news: I was told by the MRT Case Officer that the waiting time for a review is now 2 and a half years perhaps longer


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## mymarocco (Jul 13, 2011)

who told u this information u make me worry 
if wht u say is truth i will divorce my wife


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## Gayle_M (Apr 26, 2010)

mymarocco said:


> who told u this information u make me worry
> if wht u say is truth i will divorce my wife


I am sorry to say but this is the information I was told by the MRT case officer in Melbourne. You cna contact the MRT office yourself on (03) 86005900 - be sure to have your MRT case number as they will ask you for this.
I was also told that they do not even to start to look at cases until they are a year old. My husband and I applied for a review 8 months ago. By the way my husband is also Moroccan


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## Boboa (Mar 24, 2009)

mymarocco said:


> who told u this information u make me worry
> if wht u say is truth i will divorce my wife


You will divorce her just because you didn't get the visa? So much lovin


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## mymarocco (Jul 13, 2011)

my wife is older than me she is 52 and im 27 she is not working do i have any chance o geta visa


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## Gayle_M (Apr 26, 2010)

Yes, of course you can get a visa if you and your wife can prove you have a genuine relationship ( that you did not marry her just to get a visa to Australia)


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## amineniangala (Aug 14, 2011)

shame on you mymarocco.its obvious they refuse your visa(jst dont waste your time with mrt).love is above any label visa stamps.....
cheers


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## Boboa (Mar 24, 2009)

Gayle_M said:


> have a genuine relationship


Do you think that is the case?


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## Gayle_M (Apr 26, 2010)

Boboa said:


> Do you think that is the case?


Its not for me to make that judgement, all I know is that when I was told it will take 2 and half years ( perhaps even longer) my husband and I were devastated, but we will never give up trying to be together, even if it means going to another country to live. I feel ashamed that Australia treats its citizens so harshly.


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## Boboa (Mar 24, 2009)

Gayle_M said:


> Its not for me to make that judgement, all I know is that when I was told it will take 2 and half years ( perhaps even longer) my husband and I were devastated, but we will never give up trying to be together, even if it means going to another country to live. I feel ashamed that Australia treats its citizens so harshly.


Australia doesn't treat it's citizens harshly. Australia merely tries to protect itself from fraud and abuse, and not follow path of France and some other countries. 
While I feel for you and hope it doesn't take that long for you to be united with your husband. There are thousand who merry just for visa and would split right after two years and after PV is granted. There are even more who approached people asking for "marriage of understanding"! Where someone pays another person just to get the visa. My friends were approached by people like that, I'm glad the refused. 
Unfortunately amount of fraud out there affects legitimate applicants as well. And they are tangled in the web of red tape, which was put in place to try and stop scams. Albeit how effective that is another story


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## Gayle_M (Apr 26, 2010)

Boboa said:


> Australia doesn't treat it's citizens harshly. Australia merely tries to protect itself from fraud and abuse, and not follow path of France and some other countries.


Ok but we are talking about the MRT supposedly separate body from the Immigration Dept. That the MRT gives priority one to refugee cases over Australian citizens is wrong. Just because the refugee situation is a "hot potato" issue with the government? If the MRT cannot handle its cases then it should have a separate tribunal just for refugees. We received a letter from the MRT stating (as of May 2010) that it would take 37 weeks to hear our case - no other correspondance has been received to notify us that timeline has blown out to 2 and a half years! I have contacted the MRT on 4 occassions in the last 8 months and no one thought to tell us this. How are people suppose to make plans for the future?? I have no idea when I will see my husband again
And I am sorry but the percieved idea that marriages with foreigners are automatically to be suspected of being a scam is wrong too, just as it is wrong to think all refugees arriving here by boat are scams too.
Whatever the situation, it is HARSH to expect people to wait YEARS to be with their partners.


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## Boboa (Mar 24, 2009)

I agree with you that citizens priority should be first. There is absolutely no excuse for that!
However because of the lax rules, and the blame game politians play, seems like this will continue for quite some time. My very best wishes to you.


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## havaiana girl (Apr 10, 2010)

I agree totally with Gayle.

My husband and I waited 16 months for the MRT hearing and they decided in our favour which is wonderful, but we have missed 18 months of being together, we have had added stress of the seperation and finances. We get the initial fee application back but we still had to repay for a second medical, more translations, more pictures another police check. I don't know the answers, perhaps raise the pr status from 2 years to 5 or 7 years. I believe its better to have the couple live in australia and see if the marriage/relationship works and if not then the applicant should return to their home country.
I think that there is more that can be done in immigration, question the sponsor, call the references (888), to obtain a clearer picture. No one ever asked me how this process effected me or my family - my children, after all I'm the australian, in the refusal they basically said they were looking out for my best interest, well maybe they should have asked me some questions about how I felt.
We even applied for a visitor visa so he could come and visit for a while whilst we waited for MRT and this too was refused and I explained in great detail the reason we were applying for the visitor visa and attached proof of income, the fact I have worked for the commonwealth for more than 20 years, financial documents and still my husband could not visit me. Shame on Australia. Some countries don't even get interviewed whilst others have to jump through fire hoops.
The process is not transparent, there is no equality, no fairness.
Patience and believing in your love and your partner, will get you through.
Looking for to my husband arriving in the next few weeks.
yipee yahoo, we are thrilled



Gayle_M said:


> Ok but we are talking about the MRT supposedly separate body from the Immigration Dept. That the MRT gives priority one to refugee cases over Australian citizens is wrong. Just because the refugee situation is a "hot potato" issue with the government? If the MRT cannot handle its cases then it should have a separate tribunal just for refugees. We received a letter from the MRT stating (as of May 2010) that it would take 37 weeks to hear our case - no other correspondance has been received to notify us that timeline has blown out to 2 and a half years! I have contacted the MRT on 4 occassions in the last 8 months and no one thought to tell us this. How are people suppose to make plans for the future?? I have no idea when I will see my husband again
> And I am sorry but the percieved idea that marriages with foreigners are automatically to be suspected of being a scam is wrong too, just as it is wrong to think all refugees arriving here by boat are scams too.
> Whatever the situation, it is HARSH to expect people to wait YEARS to be with their partners.


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## Gayle_M (Apr 26, 2010)

havaiana girl said:


> I agree totally with Gayle.
> Shame on Australia. Some countries don't even get interviewed whilst others have to jump through fire hoops.
> The process is not transparent, there is no equality, no fairness.
> Patience and believing in your love and your partner, will get you through.
> ...


Thank you Havaiana Girl for the supportive words! I really appreciate it and I wish you and your husband many many years of happiness. Belief in one another and patience


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## misterv (Apr 17, 2012)

I applied for a MRT review for my onshore PR application in January 2012.

Judging by the MRT calculator, it seems like it will take at least 1 year 7 months (August 2013) before they can finalise it.

What do you guys think? I was told to expect it to drag on for more than the specified time by migration agents. They estimate it will take at least 2 years or more.


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## Gayle_M (Apr 26, 2010)

misterv said:


> I applied for a MRT review for my onshore PR application in January 2012.
> 
> Judging by the MRT calculator, it seems like it will take at least 1 year 7 months (August 2013) before they can finalise it.
> 
> What do you guys think? I was told to expect it to drag on for more than the specified time by migration agents. They estimate it will take at least 2 years or more.


This is exactly the time frame I was given by my case officer at the MRT - they will not even consider applications for review until they are at least 12 months old and then the estimated time for a date for review will be 2 years ( as of February 2012 ) probably LONGER - the case officer said " we are LOOKING into something ...." I have been told by a Migration Agent that there are 40 thousand applicants waiting to be reviewed by the MRT - this is totally unconfirmed - so that is all the information I have at present, hopefully someone else may have a better idea what is going on. Sorry for the bad news misterv


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## annie123 (Apr 4, 2010)

misterv said:


> I applied for a MRT review for my onshore PR application in January 2012.
> 
> Judging by the MRT calculator, it seems like it will take at least 1 year 7 months (August 2013) before they can finalise it.
> 
> What do you guys think? I was told to expect it to drag on for more than the specified time by migration agents. They estimate it will take at least 2 years or more.


Hi. I applied to MRT June 2010 - still waiting for a hearing date. I was informed a few weeks ago when I phoned MRT that onshore applications are dealt with before offshore. To me that is very unfair as onshore applicants are at least together. Offshore applicants do not have the pleasure of being with their respective partners and we were unable to have my partner here even on a tourist visa. Re MRT unfortunately it is all a very long waiting time and nothing anyone can do but be patient. Annie123


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## misterv (Apr 17, 2012)

For my case, I don't mind waiting as long as they let me work here....


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## Want2GoHome (Apr 6, 2012)

I just had a quick browse through the thread and just thought I'd wish everyone luck with your Reviews.

I recently had an offshore application rejected and am going to try at submitting a fresh application onshore but if that is rejected then I may try a MTR, I was advised it would take 18 months to 2 years to get to tribunal. *sigh*

Best wishes everyone.


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## Merit (May 29, 2012)

my wife having interview questions with review tribunal MRT Next week can person told what question will ask my wife??
thank you


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## Merit (May 29, 2012)

*interview with tribunal MRT*

my wife having interview questions with review tribunal MRT Next week can person told what question will ask my wife??
thank you


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## annie123 (Apr 4, 2010)

Merit said:


> my wife having interview questions with review tribunal MRT Next week can person told what question will ask my wife??
> thank you


Sorry merit - I also will be having interview at MRT next week. I would think the questions will be on your history, relationship, etc and the genuiness of your relationship. Good luck


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## kaliskg (Dec 9, 2012)

Thanka for information


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## louiseb (Dec 22, 2012)

Do they always call you for an interview, both me and my fiance are in Malta, or do they just pick and choose depending on the case, i ask because if its a standard procedure for all applicants then i am still waiting lol......nothing new


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## Adventuress (Jan 8, 2012)

louiseb said:


> Do they always call you for an interview, both me and my fiance are in Malta, or do they just pick and choose depending on the case, i ask because if its a standard procedure for all applicants then i am still waiting lol......nothing new


Some processing centres ask for interviews from all applicants (and some sponsors) as a rule, others do so on a discretionary basis. So the answer is, as always, it depends! That's the only thing you can count on from DIAC


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## louiseb (Dec 22, 2012)

ha yes " it depends" is used well when relating to the DIAC lol


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## melandabdul (Sep 1, 2012)

louiseb said:


> Do they always call you for an interview, both me and my fiance are in Malta, or do they just pick and choose depending on the case, i ask because if its a standard procedure for all applicants then i am still waiting lol......nothing new


Hi Louise, just incase you don't know, this thread is about MRT which is the review process a person can engage in when a visa is rejected...so the above comment about the interviews was in reference to the MRT not the normal application process.

Having said that...both myself and my fiance had an interview from Berlin and it was quite difficult but I think given you are many months down the track now, I would think it isn't going to happen for you as we were told really early in the piece.


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## louiseb (Dec 22, 2012)

melandabdul said:


> Hi Louise, just incase you don't know, this thread is about MRT which is the review process a person can engage in when a visa is rejected...so the above comment about the interviews was in reference to the MRT not the normal application process.


 So sorry about this your right.



> Having said that...both myself and my fiance had an interview from Berlin and it was quite difficult but I think given you are many months down the track now, I would think it isn't going to happen for you as we were told really early in the piece.


 I did wonder about this as i was reading through the forum i did come across so many people having to go through the process of an interview.

Thank you and sorry
Louise


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## fateh (Jan 22, 2013)

*MRT Result*

Hi guys,
I lodged my file for student visa extension in May 2011 and forget to attach my Ielts cert with my application and therefore my visa was refused and sent to Mrt .Now my file was opened and I got my hearing date on 4 Feb 2013,but the Mrt department extended my hearing date to 5 March 2013.The only thing worrying me is my current COE will expire on 1 mar 2013,Can anyone advice me what should i do and will i get my result positive?
Thanks


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## Rohan (Feb 27, 2013)

Thanks for info.


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## tontolons (Jul 18, 2012)

Hi! my name is Anthony, I would like to ask your opinion, the MRT scheduled our hearing a few days ago, under subclass101, but it was only the reivew applicant ( which is my mother) who was interviewed at Brisbane, I was expecting a call but they did not. and the hearing last about 30 mins with 2 questions to my mum. what could be the possible reason? is it a positive feedback from the tribunal? 

thanx in advance!


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## annie123 (Apr 4, 2010)

Are you in australia anthony? you say they interviewed your mum? who is the applicant?
I feel many things have been changed re immigation and how they are dealing with new cases. I have heard from friends waiting - and the applicant so far has not been interviewed or had medical or police checks done but they have contacted all people in australia that bascially did a 888 form - but there has been no further information given to anyone. All very different it seems now.


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## tontolons (Jul 18, 2012)

annie123 said:


> Are you in australia anthony? you say they interviewed your mum? who is the applicant?
> I feel many things have been changed re immigation and how they are dealing with new cases. I have heard from friends waiting - and the applicant so far has not been interviewed or had medical or police checks done but they have contacted all people in australia that bascially did a 888 form - but there has been no further information given to anyone. All very different it seems now.


--------
hi annie123,

No, Im offshore, Im the visa applicant and my mother who is an australian citizen the review applicant, she was interviewed in Brisbane, and I was expecting a phone call from the hearing but then they did not called. I was just wondering if it is a positive feedback in regards for my result at the MRT.
thanx!!


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## annie123 (Apr 4, 2010)

tontolons said:


> --------
> hi annie123,
> 
> No, Im offshore, Im the visa applicant and my mother who is an australian citizen the review applicant, she was interviewed in Brisbane, and I was expecting a phone call from the hearing but then they did not called. I was just wondering if it is a positive feedback in regards for my result at the MRT.
> thanx!!


As I mentioned it seems Immigration are doing things differently to my mrt in 2012. Perhaps they are checking all details from others before they interview you. Im sorry I cannot give you a positive outcome but wish you good luck.


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## MarkNortham (Dec 19, 2012)

Hi Anthony -

The question is - did you or your representative make a request that the MRT take oral evidence from you? If you believe that your evidence is relevant or helpful to the case, this request should have been made to the MRT prior to the hearing. 

It's important to remember that as an applicant, you have rights too! The MRT is not a situation where you have to hope for mercy from the Member - it's a legal proceeding where there are rules and rights that every applicant has, but it's up to the applicant to exercise those rights both before, during and after the hearing. For instance, the MRT is obligated to consider all evidence provided up until the point a decision is made, which can include evidence submitted after a hearing. It can be very helpful (depending on the Member) to contact the Member after the hearing and enquire as to whether they would like to receive any further information to clarify any of the points raised at the hearing. And if you have new evidence available prior to the decision, I would absolutely consider submitting it if you believe it would be supportive of the case and be of positive strategic value.

Hope this helps -

Best,

Mark Northam


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## tontolons (Jul 18, 2012)

MarkNortham said:


> Hi Anthony -
> 
> The question is - did you or your representative make a request that the MRT take oral evidence from you? If you believe that your evidence is relevant or helpful to the case, this request should have been made to the MRT prior to the hearing.
> 
> ...


--------------------------------

Greetings!

No but the MRT requested that they will call me but they did not called. Its only my mother who was interviewed at the hearing which last only 30mins. I believe that we submitted all the relevant evidence to contradict the decision that the DIAC refused. Should my mother call the MRT and clarify to them that I was not intervewed? Do you think it would be a good Idea?

Thanks in advance!


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## MarkNortham (Dec 19, 2012)

Hi Tontolons -

Assuming your mother was the applicant, she has the right to submit any further evidence up until the point of a decision. You may want to have her contact the MRT, clarify that you were not interviewed, and enquire with the Member handling your case as to why you were not called. Additionally, if you have any statements or information you want to add to the case, it would be wise to move quickly, put it into a statement, and have your mother lodge it with the MRT as soon as possible to try and get it in before a decision is made.

Hope this helps -

Best,

Mark Northam


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## Just_Wondering (May 27, 2014)

Hi,
I have tried to look for information regarding the situation and I am finding it a little difficult. I broke up with my partner a few months ago and he finally had our Partner Visa refused (as he failed to withdraw the application) and was given the 28 days to leave the country along with the 21 days to apply to the MRT. I am wondering how the decision is allowed to go to the MRT.
The only reasons he could possibly still obtain this visa is if
1) I was dead (which I am clearly not)
2) Family Violence (which there never was)
3) If there were children in the relationship (which there definately are not)
How is he allowed to appeal this decision?
He did apply and get an invalid 457 returned to him and now his only option seems to be the MRT.
Will he get to stay in Australia with full work rights until it is officially turned down which could take up to 13 months????
This just seems silly for an application that is clearly going to fail. He just gets what he wants which is more time in the country, more time in his job and he gets to use me even more than what he already has.
I am just so disappointed and confused as to why all these options are available to him when we never even reached the 2nd stage of our visa application. No wonder there are so many issues with people obtaining visas. People like my ex are out there wasting resources.
Any help on the situation would be appreciated.
Thank you.


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## MarkNortham (Dec 19, 2012)

Hi -

Almost everyone who has a refusal onshore has MRT review rights if they make the MRT application on time. MRT may expedite the matter (typically gets hearing in 2 months or so) or not expedite (12 months or so). If that fails, he can then request Ministerial Intervention which could take another 3-12+ months. And of course there's Federal Circuit Court if he can find a legal error on the part of DIBP or the MRT.

While these appeals avenues can be absolutely critical for some applicants, clearly with others it's essentially a no-win situation that kills time but accomplishes not much else other than keeping the applicant legally in Australia for many months.

While there are certainly abuses of the system, the MRT provides a critical safety net for DIBP refusals that are either incorrect, unfairly made, made in a prejudiced way, made without consideration of all the evidence, etc. I don't know how DIBP would pick and choose which cases wouldn't get to go to the MRT if they were given that power, and frankly I would not want them to have that power - MRT is a check and balance over DIBP and serves as protection to people from incorrect or unfair DIBP decisions in some cases.

Even if the rules were changed so that provisional partner visa holders where there was no (proven) family violence or death of the sponsor were not able get an MRT review, consider how the situation might be different if the visa holder were a woman with a child (but not from the sponsor) where the sponsor decided to dump her if she wouldn't be, essentially, his slave - in every respect. Cook, clean, etc. and of course in the bedroom on command. With the threat of being sent home hanging over her head like a sword if she didn't comply with his every wish. Family violence? Maybe, if the threats could be proven, but in many cases like this the applicant is highly fearful of the sponsor, and perhaps the sponsor's family as well - both here and even back in their common home country. For people like this, I'm very glad the MRT exists so that if a DIBP case officer "decides" there isn't enough evidence of non-physical domestic violence (ie threats, intimidation), at least the provisional partner visa holding applicant and her child have a review pathway to the MRT and beyond where people other than DIBP are able to consider all the evidence and make a decision.

Again, are there abuses of the system? Absolutely. But in my view, the danger of cutting off entire classes of applicants from review rights brings with it far more danger to applicants and their well-being than could be justified by whatever money DIBP would save.

And the above scenario re: slave-like treatment - sound outrageous, extreme or unbelievable? It's not - true story.

Best,

Mark Northam



Just_Wondering said:


> Hi,
> I have tried to look for information regarding the situation and I am finding it a little difficult. I broke up with my partner a few months ago and he finally had our Partner Visa refused (as he failed to withdraw the application) and was given the 28 days to leave the country along with the 21 days to apply to the MRT. I am wondering how the decision is allowed to go to the MRT.
> The only reasons he could possibly still obtain this visa is if
> 1) I was dead (which I am clearly not)
> ...


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## Just_Wondering (May 27, 2014)

Thank you for your response. I am the female in the relationship. I can garantuee you that there was never any mistreatment of my partner by me or my family. In fact, he was using me for the visa in the end and actually admitted to me that the last 4 months of our relationship was a lie to try and remain in the country to get a sponsorship.

I am just so angry that he has been so far able to get away with this all. Including living with and off my family not paying rent or bills, nothing.

I understand that he now has rights, it is just disappointing that he now could potentially have months to remain in Australia.


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## Maggie-May24 (Jul 24, 2011)

As Mark has said, the process is there to help people who truly need it. Unfortunately that also means it's there for people who want to take advantage of it for less honest reasons. It sounds like he's trying to extend his stay in Australia, undoubtedly while trying to find another visa option.

The only thing you can do is try to let it go. Letting him take up space in your head continues to give him power. Take it away by trying to move on.


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## Just_Wondering (May 27, 2014)

Thanks Maggie, I am trying to but I am hearing things from his workplace about what he is doing and saying. I was wondering if I will be at all questioned about his claims he is making towards me and my family that are completely false and misleading. If he is allowed to present his case to the MRT that is completely false and without merit, do I get a chance to at all defend myself or my family against his claims? It just seems completely wrong to me that the MRT will judge our relationship without talking to both of us.


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