# Partner Visa AAT (MRT) Cases and hearing times



## Jayson (Mar 18, 2014)

Hi every one

Please share your experience or any knowledge you have about partner visa (820, 801, 300, 100) AAT (MRT) so every one can find it here easily. 

Specially the people already been through AAT (MRT) will be much appreciated.
Thanks in advance for sharing your experience.

Here is my partner visa case

* Partner visa 801 rejected on 1st Feb 2016
* Applied for AAT on 15 Feb 2016
* Requested Immi file from AAT on 16 March still pending (took too long then expected)

When is hearing? I dont know (according to my agent in between 6 to 12 months)

Looking forward to hear from you guys.

Cheers
Jayson


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## Jayson (Mar 18, 2014)

Here is some of the members MRT cases discussed on the forum with different thread title. 
You guys can find here something interesting that you never heard about before.
cheers

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
820/801Relationship breakdown AAT experience sharing

Hi Everyone,

I would like to share my experience here since this forum helps me a lot during my hard time that I know I was not alone.

I posted a thread last year in regards to my terrible situation that my ex partner canceled my sponsorship during I was pregnant. I was on Visa 820 at that time. 

820/801 Visa application date: 06 March 2013 at Sydney Office
820 Granted date: 14 May 2013
My ex partner notify immigration of our relationship breakdown on 29 April 14
Letter of Inviting to comment received by email on 06 June 14 ( 28 days to respond)
IMMI Refusal notification:01 Aug 2014 (21 days to submit for appealing the case via MRT/AAT)

I did get a migration agent to reply a letter to immigration that I believed myself is eligible to be granted PR since we have a child under 18. But apparently at that stage IMMI did not see my pregnancy as a convincing evidence. 
But I have 1 friend who have similar situation like me. Her husband withdrew the sponsorship before 820 was granted while pregnancy. IMMI was almost going to reject her visa but she has a good agent who made a call to IMMI to explain her situation and get the case officer wait until the baby out for making the decision. So after giving birth, she was granted PR(801) directly without getting 820. 
Back to my topic, after submiting to MRT last year, It's a long wait until this year AUG. 

Invite for hearing letter received on 27 Jul 2015
Hearing scheduled on 17 AUG 2015

I spent a lot of time on hunting a good migration agent and I even thinking to go to a extremely pricy but famous one. Unfortunately as he did not hold a positive thoughts of my case at this stage(AAT) and he said my case would need to go to Minister intervention, I decided to choose one is less pricy but holding positive thought's agent ( The one my friend used as mentioned above).

The agent attended the hearing with me. But he was not allowed to talk on my behalf only when the Member required so. Therefore he was just sitting there and making note. The hearing was about 45 mins. This was relatively short. Basically it was all focus on my love story and how it went to breakdown. The Member said he wanted to know whether we were in a genuine relationship when we had this baby. 

After 2 days wait, I heard back from AAT that the Member remitted my case to IMMI on 19 Aug 2015.

In the early September, I received the case officer's call that I was requested to provide my police check. I posted it to Melbourne by express post. 2 days later, the Case officer rang me to say that I did not include my English name check therefore I was requested to redo the police check. After I submitted the second police check, my PR was granted on 30th of Sep, which is only 1 week wait.

It can be concluded that it took 1 year and 1 month wait from AAT to be granted PR. It is very important to get a good agent to evaluate your case also second opinion is also important. I tried 3 lawyers and 2 of them saying I will need to apply for Minister intervention. I was very struggling because I did not know which one I should believe. I chose the one whom giving more faiths and more confident in my case.

God bless everyone. Hope all of you can find the way out like me. It is never easy but please dont loose your faith. 

Also, work harder to prepare money for all the costs. 

Feel free to contact me if you need more information. I really understand how hard it is when stucking in the black hole.


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## yousri88 (Aug 13, 2015)

Hi Jayson,
I can't see the link, i am desperately trying to find out how things work in this stage, my hearing is next month,
I got refused the 820 visa, our application was badly presented as we didn't have experience and we didn't expect the case officer to be very picky on every single evidence we provided, we didn't even know how to write a statement at the time and what to put in it and we didn't have a good advice from the agent we had and we were completely relying on her.
We prepared new file and putted together more evidence we are in a 100% committed and genuine relationship but we are both so scared and stressing out about it as it is more complicated now. Can you please send me the link again 
Any particular advice you can give? 
Thanks


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## EvzMc (Apr 8, 2016)

Jayson said:


> Hi every one
> 
> Please share your experience or any knowledge you have about partner visa (820, 801, 300, 100) AAT (MRT) so every one can find it here easily.
> 
> ...


Hi Jayson,

Can I ask why you think your 801 was refused?

I was refused my 820 and went through the whole AAT ordeal and was subsequently granted my 820. (currently awaiting 801)


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## Jayson (Mar 18, 2014)

yousri88 said:


> Hi Jayson,
> I can't see the link, i am desperately trying to find out how things work in this stage, my hearing is next month,
> I got refused the 820 visa, our application was badly presented as we didn't have experience and we didn't expect the case officer to be very picky on every single evidence we provided, we didn't even know how to write a statement at the time and what to put in it and we didn't have a good advice from the agent we had and we were completely relying on her.
> We prepared new file and putted together more evidence we are in a 100% committed and genuine relationship but we are both so scared and stressing out about it as it is more complicated now. Can you please send me the link again
> ...


Hi Yousri
here is a link
http://www.australiaforum.com/visas...ionship-breakdown-aat-experience-sharing.html

or you can find here on forum search with 
820/801Relationship breakdown AAT experience sharing

AAT hearing (interview) is itself a new decision on your case and any evidence for 4-categories you have after actual visa refusal they will accept it.

Here is link for another member Kittudawra success story at MRT

http://www.australiaforum.com/visas-immigration/162113-how-long-after-success-mrt-partner-visa.html

OR search in forum with:
How long after success MRT for partner visa

When you read it you will know how AAT works.

I hope it helps.


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## Jayson (Mar 18, 2014)

EvzMc said:


> Hi Jayson,
> 
> Can I ask why you think your 801 was refused?
> 
> I was refused my 820 and went through the whole AAT ordeal and was subsequently granted my 820. (currently awaiting 801)


Link to Partner visa waiting 2015
http://www.australiaforum.com/visas...partner-permanent-visa-waiting-2015-a-16.html

Hi Guys
My visa 801 has been refused after 3-years. After the interview CO send us to respond on inconsistencies which we did well with the solid reasons and proof.
But I knew that interview is unusual and they had already made their mind before interview. 
CO rejected all the evidence we provided with every single evidence rejected with her comments that nothing is genuine between us.

Now looking for AAT appeal and detailed submission.

Can I applying offshore partner visa during the AAT hearing wait time?

thanks


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## Jayson (Mar 18, 2014)

Hi guys

If anyone want to prepare their case for AAT (MRT) and find out similar case to their own special case to prepare and work on that specific allegations from DIBP,
Here is a link to AAT actual cases from 1999 to 2015.

Find with search option like partner visa 820, 801 etc. or just partner visa.
its time consuming but its worth it to find something that what you need to answer to you allegations.

Migration Review Tribunal of Australia

Please remember you have to find the case you think is similar to your case and answer accordingly.

Hope it helps.
Cheers


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## yousri88 (Aug 13, 2015)

Hi Jayson 
What do you mean by requested immi file from AAT 
I am wondering if the AAT have access to the original application when we first applied for the 820 
Could you guys please answer these?
Thanks


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## Jayson (Mar 18, 2014)

yousri88 said:


> Hi Jayson
> What do you mean by requested immi file from AAT
> I am wondering if the AAT have access to the original application when we first applied for the 820
> Could you guys please answer these?
> Thanks


Hi Yousri

Yes you can get all 820 file by using Freedom of Information for and send it to AAT. Asking straight away AAT is faster as you don't have to wait longer.
You can call AAT and ur case officer will explain every thing for you.

Cheers


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## Bestie (Mar 9, 2016)

Jayson said:


> Hi every one
> 
> Please share your experience or any knowledge you have about partner visa (820, 801, 300, 100) AAT (MRT) so every one can find it here easily.
> 
> ...


Hi Jayson,

Just wondering if the vevo check for ur partner's 820 visa still shows as valid or it comes with an error after refusal. Im curious as i also afraid of getting rejected. 8 months now and still hear nothing.


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## Mish (Jan 13, 2013)

Bestie said:


> Hi Jayson,
> 
> Just wondering if the vevo check for ur partner's 820 visa still shows as valid or it comes with an error after refusal. Im curious as i also afraid of getting rejected. 8 months now and still hear nothing.


When a visa is rejected or a new visa approved you get a new grant number so the previous one will not work in VEVO. For example if you are on a 309 when the 100 is approved the 309 grant will not work in VEVO anymore. If rejected they will grant a bridging visa to give you time to either appeal or leave the country.

Don't worry. DIBP have a huge backlog. Someone I know met someone who works for DIBP the other week and they said they have a huge backlog and people are worrying because it is taking longer. The person I know who told me told me not to worry if ours takes ages.

A friend of mine her husband has been waiting 8 months so far.


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## Bestie (Mar 9, 2016)

Mish said:


> When a visa is rejected or a new visa approved you get a new grant number so the previous one will not work in VEVO. For example if you are on a 309 when the 100 is approved the 309 grant will not work in VEVO anymore. If rejected they will grant a bridging visa to give you time to either appeal or leave the country.
> 
> Don't worry. DIBP have a huge backlog. Someone I know met someone who works for DIBP the other week and they said they have a huge backlog and people are worrying because it is taking longer. The person I know who told me told me not to worry if ours takes ages.
> 
> A friend of mine her husband has been waiting 8 months so far.


Hi Mish,

Thanks for your quick reply. That makes sense to me now. As i saw my vevo still in effect i was concerned that they leave it effect until i receive rejection then give anothrt 28 days to cancel so it makes me more paranoid. Your friend was talking abiut backlog for QLD visa 100 or VIC visa 820?


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## Mish (Jan 13, 2013)

Bestie said:


> Hi Mish,
> 
> Thanks for your quick reply. That makes sense to me now. As i saw my vevo still in effect i was concerned that they leave it effect until i receive rejection then give anothrt 28 days to cancel so it makes me more paranoid. Your friend was talking abiut backlog for QLD visa 100 or VIC visa 820?


100 and 801. We are in Brisbane so she was talking to Brisbane officers.

What is your evidence like? I know Becky supplied them with a mountain of evidence and got approved quickly so it has made me wonder if that helps.


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## Bestie (Mar 9, 2016)

Mish said:


> 100 and 801. We are in Brisbane so she was talking to Brisbane officers.
> 
> What is your evidence like? I know Becky supplied them with a mountain of evidence and got approved quickly so it has made me wonder if that helps.


I honestly do not belive that i have such a strong application as i dont have joint account & joint assest with my husband. We do have genuine & ongoing relationship but i am afraid that the application does not look good. Im waiting for 100 visa. Im going insane with this as the outcome could be not very positive but i have tried my best with my own circumstance. I just want this to end soon and move on to the next stage.


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## Mish (Jan 13, 2013)

Bestie said:


> I honestly do not belive that i have such a strong application as i dont have joint account & joint assest with my husband. We do have genuine & ongoing relationship but i am afraid that the application does not look good. Im waiting for 100 visa. Im going insane with this as the outcome could be not very positive but i have tried my best with my own circumstance. I just want this to end soon and move on to the next stage.


Just remember that joint accounts aren't everything. People with individual accounts have been approved. The key is showing that finances etc have been combined. Joint accounts are the easiest way but it can be demonstrated other ways.


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## Jayson (Mar 18, 2014)

Bestie said:


> Hi Jayson,
> 
> Just wondering if the vevo check for ur partner's 820 visa still shows as valid or it comes with an error after refusal. Im curious as i also afraid of getting rejected. 8 months now and still hear nothing.


Hi Bestie

When they refused your visa it will change to bridging visa. And your vevo stop working on visa grant no. You have long time to go so don't worry now. What Mish said I m agree with that. it's long wait I ended up getting my 820 after 18 months and rejected 801 after 32 months.


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## Bestie (Mar 9, 2016)

Jayson said:


> Hi Bestie
> 
> When they refused your visa it will change to bridging visa. And your vevo stop working on visa grant no. You have long time to go so don't worry now. What Mish said I m agree with that. it's long wait I ended up getting my 820 after 18 months and rejected 801 after 32 months.


Thanks for the clarification. I know there is not much i can do but this whole process got me so frustrated as they do not keep us updated after such a long wait some people got grants so quick while others have to wait for ages & wonder. I keep checking vevo every day and cant help thinking about it. Im going insane lol that is not healthy!


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## Aliz (May 16, 2015)

My hearing is next week any help would be appreciated 
Partner visa schedule 3 criteria


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## cycy (Aug 24, 2016)

*schedule 3*



Aliz said:


> My hearing is next week any help would be appreciated
> Partner visa schedule 3 criteria


hi, i KNOW your post had been a while, can you please tell me how your schedule 3 went after it was submitted? the processes involved?
thank you


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## Aliz (May 16, 2015)

It went good cycy our case got remitted back to immigration what visa have you lodge


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## cycy (Aug 24, 2016)

Aliz said:


> It went good cycy our case got remitted back to immigration what visa have you lodge


i am about to fulfil my schedule 3, over stayed by 3 days;(

how long did you her back from them? did you go in for an interview? when its remitted what happens?

sorry for the many questions.


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## Aliz (May 16, 2015)

Ive overstayed mine by 3 years which something I'm not proud of but there were circumstances which led me to be unlawful and I'm married to Australian citizen and have been bless with a boy who is 2 year old know schedule 3 criteria is very tough I hope u have good lawyers on board yes I went have the interview was very nervous but if your genuine everything will be alright don't stress too much in interview they will basically ask why did you overstay and about or relationship take some witnesses with u it will help lots of stat decs from friends and family


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## cycy (Aug 24, 2016)

Aliz said:


> Ive overstayed mine by 3 years which something I'm not proud of but there were circumstances which led me to be unlawful and I'm married to Australian citizen and have been bless with a boy who is 2 year old know schedule 3 criteria is very tough I hope u have good lawyers on board yes I went have the interview was very nervous but if your genuine everything will be alright don't stress too much in interview they will basically ask why did you overstay and about or relationship take some witnesses with u it will help lots of stat decs from friends and family


oh right, that you. how long did your interview last? you went to the interview with family and friends? like my husband will be in the interview room with me? we al get interviewed?


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## Aliz (May 16, 2015)

Just with my family and my wife but the member will ask them to leave the room when she interviews you so basically it depends on the member how long she wants to interview do u have lawyer ?
If yes it will be you member and lawyer in the room but lawyer won't be allowed to speak on behalf of you until unless member asked to my interview went for 30 minutes it was very quick according to my lawyer she was the most strictest Member My partner and two of the family members didn't get interviewed hope everything works out for you I hop u have good lawyer I was packing my bags didn't have much hope but God helps in mysterious ways


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## cycy (Aug 24, 2016)

Aliz said:


> Just with my family and my wife but the member will ask them to leave the room when she interviews you so basically it depends on the member how long she wants to interview do u have lawyer ?
> If yes it will be you member and lawyer in the room but lawyer won't be allowed to speak on behalf of you until unless member asked to my interview went for 30 minutes it was very quick according to my lawyer she was the most strictest Member My partner and two of the family members didn't get interviewed hope everything works out for you I hop u have good lawyer I was packing my bags didn't have much hope but God helps in mysterious ways


Thank you so much, I pray everyday and hope for the best. My overstay was not on purpose and me finding out after 3 days by error makes me wanna cry. but everything happens for a reason. Thank you so much. I will keep you posted. How long before you get their decision?


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## ivangovnov (May 22, 2017)

Could someone please describe the process of the application for tribunal? Am I allowed to apply onshore? Thanks very much.


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## Aliz (May 16, 2015)

ivangovnov said:


> Could someone please describe the process of the application for tribunal? Am I allowed to apply onshore? Thanks very much.


Yes you're allowed to apply onshore within given time frame by the immigration,
Once you go ahead with tribunal it will probably take around a year or maybe more or earlier depends, you will hear from the tribunal they will ask for more documents depending on ur case and hearing held where you get to talk to the member and provide more evidence depending on how strong your evidence and other stuff the member makes a decision what's your case ?


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## RubySekhon1992 (Feb 5, 2018)

Hi All,

Just wondering if anyone knows how long it takes after they ask for more documents for the hearing date or any response regarding the hearing? It’s been a month since they asked for extra documents.


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## Alwayswaiting (Feb 7, 2018)

Applied partner visa july 2015 had to use schedule 3 criteria, husband was illegal for about a year. Financing were not good we were on a bad spot while on bridging visa he worked for a short time away me. After waiting over a year for a decision had a call to ask if we had been apart and requested bank statements. Our agent said it sounded like there was a dob in. So we told the truth we got decision jan 2017 that it was refused that we didnt meet schedule 3 because we were apart. We reviewed decision and got a new agent he got work rights for my husband within 2 weeks! Got the email for hearing jan 2018, the member walked into the room looked at us like she hated us and you could read everything she was thinking! She was not nice at all, we had a lot of evidence and had very compelling reasons for schedule 3 she asked for records of our conversations when he went away we provided so much! But she agreed with immiimmigration, so he has to leave very soon cant stop crying feel very unhappy as things she wrote in her decision were not right at all! But feel powerless to do anything.


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## Ana2018 (May 6, 2018)

Hi , I was permanent resident that time when i apply for my husband PR in july 2016 .He doesn't have substantive visa , he was on bridging visa because his protection visa is in AAT for review. Immigration rejected his visa just after 4 and a half months (dec 2016) because immigration didn't accept our compelling reason (pregnancy) so we applied in AAT for review . I had gestational diabetes in my pregnancy aswell and Now we have 15 months old boy Australian citizen and I have citizenship ceremony in this month on 14th of May and tribunal hearing is also in this month on 17th of May. I'm really scared I don't know what's gonna happen.My husband immigration history is not good .He came here on student visa which was also ceased because of his less attendance and loose the cases in every stage . This is my second marriage , I'm divorced and in my first marriage i got my PR through domestic violence. I just wanted to ask you what you reckon how strong is this case ? What are the chances to win? How can we convince tribunal member ? The member is going to ask questions to my husband only or he will ask me as well? And the tribunal member will ask my husband about his previous visa (student visa and protection visa)???? We have lawyer , we visited him this week but he didn't tell us anything 😞 .that's why i asked you lots of questions sorry but please do give me all the answers . Thank you so much in advance.


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## Ana2018 (May 6, 2018)

Hi mish .I was permanent resident that time when i apply for my husband PR in july 2016 Immigration rejected his visa just after 4 and a half months so we applied in AAT for review . and tribunal hearing is also in this month on 17th of May. I'm really scared


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## Chennai (May 27, 2016)

Hi all, I have been reading experiences shared by members in this forum. 
Here is my story on PMV
DOL; Nov 2015
Refused : Apr 2017
AAT application: May 2017
Remited to DIBA: Jan 218
CO contact further docs: May 2018
All submitted : first week June 2018
Still waiting.... 
Anyone in similar situation please share your experience. How long will Delhi take to process? 
It's really waiting game for unlucky people like me 😠


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## Lal0776 (Jan 7, 2017)

Hi Me and my friend are dealing with same situation. We both had appealed the refusal at AAT. My friend got remitted in May 2018 he has not heard anything yet. And I am still waiting my case to be opened at AAT I applied in July 2017. My friend applied in November 2016 and got remitted back in May 2018 without a hearing.


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## Notyetaussie (Dec 14, 2018)

Hi I applied for partner visa in 2013 and was granted first stage 820 in 2014.
Got my second stage visa 801 refused in 2016 and I applied for review within the time frame. 
We were invited for a hearing in November 2017. We attended the AAT hearing and since then there is no reply from them. We emailed AAT soo many time but all the say is its still under process.
However my question is I don’t know why I was given a Bridging Visa E soon after they refused my 801 is there any way to change this because I want to travel to my country for 1 month. 
Also if someone can shed some light on how AAT process works and why are they taking so much time when the hearing was done 1 year ago? 
This has been a very stressful and mentally exhausting journey, they have no remorse whatsoever I pray they become humans again


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## Riley (Jan 22, 2018)

This may help explain why so many people are waiting for AAT decisions. This is from an SBS article 4/12/2018 about the massive AAT backlog (caseload up 43% from the year before) and foreshadowing tighter restrictions:-

The AAT is facing a growing caseload, as it noted in its annual report.

“While lodgements in the Social Services and Child Support Division were lower than the record levels experienced in 2016-17, the trend of increasing lodgements in the Migration and Refugee Division continued with 43 per cent more applications than last year,” it found. 

Former High Court justice Ian Callinan is conducting a scheduled review of the AAT and will soon hand a report to the Attorney-General Christian Porter. 

The Queensland newspaper the Courier-Mail reports the review contains a recommendation to put tighter restrictions on late evidence. 

The Callinan review may also recommend a staffer from the Home Affairs department be allowed to come to hearings and explain why visa decisions were made.


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