# Spouse visa refusal - MRT



## jejuniper (Jul 1, 2010)

Hello, I'm new to this forum. I've posted on a couple of other forums but haven't been able to get much information.

I'm Australian by birth, currently in the USA with my husband who is a US citizen. We applied for a spouse visa in July last year but it was refused about a month ago because he has ulcerative colitis and for some unknown reason they wouldn't give him a waiver (despite my family all being in Australia, owning our own house, both being employed full time, my occupation is even on the new cut down skilled occupations list - go figure, I'm just a LITTLE bit angry about it! ). I've spoken to a lawyer and we've lodged an appeal with the MRT so now we're just in for a long wait.

But what I wanted to find out is whether anyone here has been through the MRT process? Or anyone refused a visa because of IBD, Crohn's disease or ulcerative colitis? I only seem to encounter people who have these conditions but have had their visa granted and I'm trying to figure out why my husband's was refused - it's a manageable, non-communicable condition and he only needs medication to control symptoms. DIAC provided hardly any information about the visa refusal, just a letter saying he didn't meet the health requirement and they decided not to exercise the waiver, nothing about why.

If anyone has any information or experience of the MRT or a visa refusal because of the health requirement I'd really appreciate you sharing.

Thank you!


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## Skydancer (Jun 3, 2010)

Dear Jejuniper
I'm so sorry to hear about this! It seems odd to be refused for such a relatively mild medical condition. Especially as you say others did get their visa with this same condition. One thing I'm wondering about, you say it took 11 months from lodgement of your application till the decision was made. Isn't that much longer than usual for the US?

I also want to find out more about the MRT process, as it's good to be prepared for all eventualities. Hope someone will come along and post the info you need.

Wishing you all the best and may you and your husband be together in Australia real soon


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## jejuniper (Jul 1, 2010)

Skydancer said:


> Dear Jejuniper
> I'm so sorry to hear about this! It seems odd to be refused for such a relatively mild medical condition. Especially as you say others did get their visa with this same condition. One thing I'm wondering about, you say it took 11 months from lodgement of your application till the decision was made. Isn't that much longer than usual for the US?
> 
> I also want to find out more about the MRT process, as it's good to be prepared for all eventualities. Hope someone will come along and post the info you need.
> ...


Thank you very much for your wishes, Skydancer.

I know, we were shocked to get the refusal, I'm still kind of in disbelief. The MOC classified his severity of condition as "moderate" and gave a hypothetical cost of $100,000. I think this cost may be because of the fairly expensive medication he is on (which he will be going off soon so I hope that works in our favour). I have been looking at the MRT decisions that they posted on their site but all the health requirement related ones seem to have a cost of over $200,000 so I'm baffled why we've ended up in this situation.

Regarding our timeline, we applied in July 2009. In October the CO asked my husband to get the medical and police checks done - this held us up because we had to wait a month for an appointment with the panel doctor and then around two and a half months for the FBI clearance. We got another email in December asking for a specialist medical report (gastroenterologist). Then in March we got a letter saying that he had failed the health requirement and we had 28 days to apply for a waiver. We got all our information together and sent the waiver at the end of March. At the end of May we got the refusal letter. So, yes, it was an extraordinarily long process and now we have another long wait ahead for the MRT hearing ... 

I'm just trying to gather as much information as possible before then.


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## Skydancer (Jun 3, 2010)

Hi Jejuniper

Oh that sounds promising, that he's coming off expensive medication soon. That may be all it takes to sway the decision in your favor 

The good thing is that at least you are together with your husband. In our case, for financial reasons, we are forced apart while we wait....

Can you give a link to that MRT site please? Also, does it cost extra to go to the hearing, or is it free? 

Our lives will be totally ruined if our visa is refused. Because life in India, where my husband is, without money is pure hardship. I don't have a house or other assets to sell in Australia, besides that, I'm an only child and my parents will need me to be there with them as they get older. It's scary to have no control over one's own future!


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## jejuniper (Jul 1, 2010)

Skydancer said:


> Hi Jejuniper
> 
> Oh that sounds promising, that he's coming off expensive medication soon. That may be all it takes to sway the decision in your favor
> 
> ...


Oh no - sorry to hear you are having to wait all of this out apart! When I was waiting for my US visa it was 9 months apart and it seemed like such a LONG time. I really hope your wait is over soon and everything goes smoothly for you.

The link to the MRT decisions is: www . mrt-rrt.gov.au / Decisions / Decisions / default.aspx
(Sorry, apparently I don't have enough posts to be allowed to post a proper link!)

The cost to lodge an appeal is $1400 but they will waive that fee in cases of financial hardship. Also, if you win the appeal then you get that money refunded (unfortunately it's harsh if you don't win - a refusal and no money back!).

I agree, it really is stressful having your future decided by strangers! 

Wish you the very best for your situation! 

There you go - http://www.mrt-rrt.gov.au/
Best wishes


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## Wanderer (Jun 16, 2007)

http://www.australiaforum.com/visas-immigration/4297-medical-advice.html#post14267 is a post by aussiegirl that had some info that could be relevant.
I also found a post by an agent which also indicated criteria used in assessments:


> I also found the following post by an Immigration Agent which outlines some associated data.
> Quote:
> if any one family member fails the health requirement all family members will be refused the visa (unless the visa being applied for is one which has access to a health waiver)?
> no condition, with the exception of tuberculosis, automatically precludes the grant of a visa?
> ...


I've sent you a PM jejuniper with reference to an agent.


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## trishher (Mar 3, 2010)

I wish you all the best with the MRT my husband and I are currently going through the MRT at the moment 2 hearings and no outcome yet alot stress though there has to be a light at the end


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## jejuniper (Jul 1, 2010)

Wanderer, thanks so much for all the information (and for fixing the link in my post!). For some reason I couldn't reply to your PM but I really appreciate the recommendation. I am now waiting to get my husband's file from DIAC via an FOI request so hopefully that will give us more information about the rejection and why the health waiver wasn't exercised. I'll try to post an update here in case it's useful for others.

In all my searching I found an Australian Audit Office report (www . anao.gov.au/uploads/documents/2006-07_Audit_Report_37.pdf page 17) that seems to show that only around 12-13% of waivers are exercised by DIAC - looks like most people have to go to the MRT, which is crazy. What's the point of having a waiver? 

Anyway, thanks again for your help!


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## jejuniper (Jul 1, 2010)

trishher said:


> I wish you all the best with the MRT my husband and I are currently going through the MRT at the moment 2 hearings and no outcome yet alot stress though there has to be a light at the end


Oh no trishher, I'm sorry to hear you are going through all this stress! You've had 2 hearings and no outcome???  I would really be interested in finding out from you what the hearing process is like if you can share it.

I sincerely hope it all works out for you - my best wishes.


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## jude (Jun 24, 2010)

Skydancer said:


> Hi Jejuniper
> 
> Oh that sounds promising, that he's coming off expensive medication soon. That may be all it takes to sway the decision in your favor
> 
> ...


Hi Skydancer
My husband and i are in the same situation. We are apart because of financial reasons. I have my own house here in Australia but i cannot afford to give up my job as i have 2 children and 2 elderly parents who need my support. Our lives are in the hands of strangers and its a very difficult waiting time to not only be apart from your loved one but also not knowing if the strangers are going to be in our favour and give us the thumbs up! It is absolutely gut wrenching and if our visa is not granted it is going to make life even MORE stressful and difficult for us. Its not fair at all. Keep smiling


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## Himani (Dec 17, 2010)

I am right now in india.My husband is in australia. We got married one year before.He got his visa i.e. VC 487 3 months before. As and when he got his visa i lodged my application to join him as spouse visa throgh an agent. Due to lake of knowledge of that agent my visa application is refused by australian high commission,new Delhi,resoning that as visa sub class for which i was applying for was temporary and no spouse visa is allowed. I have gone throgh the immigration site and searched that now he can add me as a family member in his visa. But duration it will take about one year. One option is there,that i can go on visitor visa while parallel i can apply for the visa. But i also want to work there as i am highly qualified so is there any alternatives,if yes then plz suggest.I am so much tensed.


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## Skydancer (Jun 3, 2010)

Dear Himani,

Sorry to hear about that. Your agent should close down his business as he doesn't deserve to call himself an agent! I'm not sure which visa is best for you, but someone will surely come along and answer your question later today. Good luck with everything and no doubt you will manage to come here to join your husband


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## Baby Bone (Aug 12, 2011)

jude said:


> Hi Skydancer
> My husband and i are in the same situation. We are apart because of financial reasons. I have my own house here in Australia but i cannot afford to give up my job as i have 2 children and 2 elderly parents who need my support. Our lives are in the hands of strangers and its a very difficult waiting time to not only be apart from your loved one but also not knowing if the strangers are going to be in our favour and give us the thumbs up! It is absolutely gut wrenching and if our visa is not granted it is going to make life even MORE stressful and difficult for us. Its not fair at all. Keep smiling


Hi Jude,

I'm in exactly the same situation as you. I'm Aussie citizen, my husband US citizen. I have 2 children and 2 elderly parents too. They all need my support. I cannot just give up my job in Australia so if this means I will be separated from my husband for the rest of our lives, I will be devastated. Did you work out for you in the end? I'm really very very worried now.


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## Baby Bone (Aug 12, 2011)

jejuniper said:


> In all my searching I found an Australian Audit Office report (www . anao.gov.au/uploads/documents/2006-07_Audit_Report_37.pdf page 17) that seems to show that only around 12-13% of waivers are exercised by DIAC - looks like most people have to go to the MRT, which is crazy. What's the point of having a waiver?
> 
> Anyway, thanks again for your help!


Hello Jejuniper, 12-13% of waivers are exercised. Do they have breakdown for spouse visa? It really is against the human right to separate husband and wife for the rest of their lives.


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