# Visa Refusal.



## keyur11 (Mar 18, 2015)

Hello, Everybody after waiting for my answer for a long time.

I have got a response from immi-
Unfavourable information has been received by the department stating that you entered into a fake relationship with your sponsor for the sole purpose of gaining entry into Australia.During the interview, your sponsor was unable to recall pertinent details about your claimed relationship such as events that occurred.

 

Okay, so basically our relationship is genuine and my partner and I love each other. But it is true that my partner was unable to answer questions correctly and at that time, she was at work. She works as a delivery driver and was working and also her English isn't well. So she may have been unable to answer it correctly. Now I have spoken to my lawyer and she suggested MRT, but she also said they will BAN you from Australia if the interview does not go well. Not what can I do?


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## Mish (Jan 13, 2013)

You can apply for AAT (formly MRT) which takes 12+ months. If that is rejected then you can go offshore to apply for a partner but the chances of a successful offshore visa after a refusal at AAT are very slim.

As you stated that the refusal is due to your sponsors English I suggest that they improve their English before AAT so they are able to answer the questions.


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## CCMS (Oct 10, 2013)

Mish said:


> You can apply for AAT (formly MRT) which takes 12+ months. If that is rejected then you can go offshore to apply for a partner but the chances of a successful offshore visa after a refusal at AAT are very slim.


I disagree. If the relationship is genuine, with an additional 12 months of co- habitation pending AAT , an offshore application should stand a pretty good chance. Hopefully it won't come to that though.

Sent from my iPhone using Australia


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## keyur11 (Mar 18, 2015)

CCMS said:


> I disagree. If the relationship is genuine, with an additional 12 months of co- habitation pending AAT , an offshore application should stand a pretty good chance. Hopefully it won't come to that though.


So they are asking me to get back within 28 days but still they strongly believe my case is not genuine and will be getting refused. Should I withdraw the application now? My partner is very unhappy when I told her about the answers she provided is not matching, and she is having a fight with me for no reason. I believe she is backing up and I am now at High Risk. Will withdrawing my application now will leave me a bad reputation?


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## Mish (Jan 13, 2013)

So they haven't rejected yet? You can supply them with evidence in regards to what your partner answered.

If you are genuine you should not think of withdrawing the application. If you withdraw you need to go offshore to lodge and wait apart during this time (I don't recommend this to anyone as it is hard).

What country are you from?

What country is your partner originally from?

I am checking to see if you have similar backgrounds as DIBP may look at that too.


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## Lunabelle (Oct 5, 2015)

keyur11 said:


> Hello, Everybody after waiting for my answer for a long time.
> 
> I have got a response from immi-
> *Unfavourable information has been received by the department* stating that you entered into a fake relationship with your sponsor for the sole purpose of gaining entry into Australia.During the interview, your sponsor was unable to recall pertinent details about your claimed relationship such as events that occurred.
> ...


*Unfavourable information has been received by the department*
Doesn't that mean someone reported your relationship to DIBP?

And how is she in Australia, able to sponsor you, but her English is not well enough to answer simple question from DIBP? I'm confused.



keyur11 said:


> So they are asking me to get back within 28 days but still they strongly believe my case is not genuine and will be getting refused. Should I withdraw the application now? My partner is very unhappy when I told her about the answers she provided is *not matching*, and she is having a fight with me for no reason. I believe *she is backing up* and I am now at *High Risk*. Will withdrawing my application now will leave me a bad reputation?


I don't know, I kinda doubt your story from your wording. Not matching, backing up, answer question correctly. Hopefully I am wrong.


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## JandE (Jul 17, 2015)

Lunabelle said:


> I don't know, I kinda doubt your story from your wording. Not matching, backing up, answer question correctly. Hopefully I am wrong.


The problem is that the Immigration officer is probably thinking the same...


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## keyur11 (Mar 18, 2015)

Mish said:


> What country are you from?
> 
> What country is your partner originally from?
> 
> I am checking to see if you have similar backgrounds as DIBP may look at that too.


I am from India and She is originally from Thailand. 
We are jubilant to submit further documents; We have taken an appointment with my agent to speak what can we do about the current situation. Can someone please advice me what are some reliable evidence I can provide to them?

Also, will it be okay if I apply for some study visa? Because My agent has informed me that chances of getting my visa refused are Higher. I don't want to make my case dodgy, but I do want to study Business in Information Systems and was waiting for my visa to be granted so that I can have some fees advantage. As an oversea student fees are very high, and so, my partner and I decided to postpone it till we get this partner visa granted. I am feeling any move I will make might leave my negative impression to Immigration.


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## CCMS (Oct 10, 2013)

keyur11 said:


> So they are asking me to get back within 28 days but still they strongly believe my case is not genuine and will be getting refused. Should I withdraw the application now? My partner is very unhappy when I told her about the answers she provided is not matching, and she is having a fight with me for no reason. I believe she is backing up and I am now at High Risk. Will withdrawing my application now will leave me a bad reputation?


I suggest you go and see a registered migration agent straight away and get them to properly review your case and address any issues DIBP has raised.The problem with trying to resolve these sorts of issues on a public forum is that we only hear part of the story, so most "advice" is speculative at best.

If your partner's English skills have caused confusion and misunderstandings during the interview, then that could easily be corrected. You should also have indicated with your application that you would require an interpreter for any interviews.

Get a professional to handle this for you, otherwise it will be pure guesswork on what is the best way to proceed. Any advice should be based on facts, not on people's personal opinions.


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## Mish (Jan 13, 2013)

No-one can tell you what to supply to address the concerns as each case is different. Your agent should be able to help. Is your agent registered?

But if your partner said wrong day they bought you something show the receipt that backs it up. The wrong answers need to be addressed and backed up with evidence. It also wouldn't hurt to supply updated evidence too.

I would imagine applying for a student visa after this would be looked at more closely.


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## keyur11 (Mar 18, 2015)

Mish said:


> No-one can tell you what to supply to address the concerns as each case is different. Your agent should be able to help. Is your agent registered?
> 
> But if your partner said wrong day they bought you something show the receipt that backs it up. The wrong answers need to be addressed and backed up with evidence. It also wouldn't hurt to supply updated evidence too.
> 
> I would imagine applying for a student visa after this would be looked at more closely.


Ok, so I should stick with this and see my agent asap. I hope this will work out.


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## syd (May 13, 2014)

keyur11 said:


> Ok, so I should stick with this and see my agent asap. I hope this will work out.


Looks like you need a new agent; not all agents are created equal. One of the respondents to your thread is an agent-CCMS. Maybe he wouldn't mind reviewing your documents and advising you how to proceed. Obviously your case is very much dependent on how you respond to DIBP's findings, so the response needs to carefully presented.


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## keyur11 (Mar 18, 2015)

If I kick my lawyer out, won't she be having an issue with me? She might go against me and reply to immigration something negative...


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## JandE (Jul 17, 2015)

keyur11 said:


> If I kick my lawyer out, won't she be having an issue with me? She might go against me and reply to immigration something negative...


Is your agent MARA registered?


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## CCMS (Oct 10, 2013)

keyur11 said:


> If I kick my lawyer out, won't she be having an issue with me? She might go against me and reply to immigration something negative...


That would be highly unethical. If you end the agreement with your agent, then they can no longer respond on your behalf.If they know 'something negative" about you and have knowingly provided incorrect information to DIBP, they could be in all sorts of trouble. If they make false claims about you, it could be even worse.

Anyway, depending on the agreement you have with your current agent,it should be up to them to properly address the issues you have raised.


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## keyur11 (Mar 18, 2015)

I have decided to withdraw the Partner Visa Application and apply for Student visa. Yes, I and my partner will be still together after that, we will be wasting some money. But I can't afford to take risk as Immi is being bit negative at my case.


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## CCMS (Oct 10, 2013)

keyur11 said:


> I have decided to withdraw the Partner Visa Application and apply for Student visa. Yes, I and my partner will be still together after that, we will be wasting some money. But I can't afford to take risk as Immi is being bit negative at my case.


Well, I am not privy to your circumstances, but if your relationship is genuine I can't see why you would withdraw the application.I don't like your chances of being granted a student visa under the circumstances.


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## ampk (Sep 21, 2013)

If your Partner answered questions during interview that were not the same as documents or what you said - that is not negative.

Both your original countries have a high rate of producing fake documents and non genuine relationship claims, it is fair and reasonable they take that into account in deciding a application.

It more seems your partner or documents or you are the reason for refusal not Immi.

In many cases a Registered Migration Agent would have obtained a better result than a Agent or Lawyer.


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## syd (May 13, 2014)

keyur11 said:


> I have decided to withdraw the Partner Visa Application and apply for Student visa. Yes, I and my partner will be still together after that, we will be wasting some money. But I can't afford to take risk as Immi is being bit negative at my case.


It's always best to get good professional advice before making drastic decisions. I'd be very interested to know if you are granted a student visa considering DIBP was suspicious about your partner visa application...plot thickens...there's the genuine student criteria that has to be satisfied and having applied for partner visa, you indicated that you wish to remain in Australia indefinitely....


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## CCMS (Oct 10, 2013)

It would be better to address the "adverse information" issue, before doing anything else.


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## Mish (Jan 13, 2013)

I think withdrawing and applying for a student visa is a bad idea. To DIBP this will look like your relationship wasn't genuine and you are trying to find a way to stay in Australia. The chances of getting a student visa would be slim if not impossible.


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## keyur11 (Mar 18, 2015)

Mish said:


> I think withdrawing and applying for a student visa is a bad idea. To DIBP this will look like your relationship wasn't genuine and you are trying to find a way to stay in Australia. The chances of getting a student visa would be slim if not impossible.


I see, could you pls advice me on what are the reliable documents I should be providing in response to this email?


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## Mish (Jan 13, 2013)

keyur11 said:


> I see, could you pls advice me on what are the reliable documents I should be providing in response to this email?


Noone on this forum can advise that as we don't know your case, what was said wrong and was supplied. You need to supply docs that address what was said wrong.

If you need a migration agent CCMS who has posted in this thread is an excellent one.


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## Maggie-May24 (Jul 24, 2011)

I would suggest you arrange a consultation with a MARA-registered migration agent. It's a worthwhile investment if you want to try to salvage this situation.

As mentioned above, withdrawing your partner application and submitting a student application a) may look dodgy, and b) may not be successful since you would not meet the Genuine Temporary Entrant criteria of a student visa since you've made it obvious you want to remain in Australia permanently.

You need a migration agent (not sure if your lawyer is a MARA-registered migration agent) who can review your application, the communication with DIBP and help you provide a solid response to the concerns that have been raised.


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## jamesmrichardson (Jan 15, 2015)

It's so much money just to throw away. if your relationship is genuine you would not even consider withdrawing you're application and loosing that much money. The appeal process is supposed to divulge more into everything to do with your relationship/application. If it is completly genuine and you can prove that you should not have so much to worry about.


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## keyur11 (Mar 18, 2015)

jamesmrichardson said:


> It's so much money just to throw away. if your relationship is genuine you would not even consider withdrawing you're application and loosing that much money. The appeal process is supposed to divulge more into everything to do with your relationship/application. If it is completely genuine and you can prove that you should not have so much to worry about.


I will try to a new agent today and hope for the best, but my current agent told me it just a rejection, but they are just giving you a chance to comment or withdraw.


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## CCMS (Oct 10, 2013)

keyur11 said:


> I will try to a new agent today and hope for the best, but my current agent told me it just a rejection, but they are just giving you a chance to comment or withdraw.


That is absolute nonsense. When you are given the opportunity to comment,it means just that. It is an opportunity to address the issues raised.Obviously if you have provided bogus information in the first place, it will be hard to rectify the situation and you will be better off withdrawing the application.If the relationship and evidence provided are genuine, I can't see why you would withdraw the application.


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## Mish (Jan 13, 2013)

keyur11 said:


> I will try to a new agent today and hope for the best, but my current agent told me it just a rejection, but they are just giving you a chance to comment or withdraw.


I think you need a new agent!


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## keyur11 (Mar 18, 2015)

Hello, guys, I went to a new agent today, and all he told me was that I still have 50% of chances not to get refusal. He said he could create a strong letter appealing to DIBP that our relationship is very genuine. And I will give this a shot, hope it works out well. I will keep posting the updates.


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## ampk (Sep 21, 2013)

keyur11, Is your "New Agent" RMA if so he/she will have a MRA# if not (and by sounds on current comment) seems not.

They will be as useless as your last agent!!!!!!


THE KEY is registered migration agent,


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## ampk (Sep 21, 2013)

Look at EVERY person that has posted on your thread.

Many ask Registered or RMA agent - you NEVER have EVER said you understand the term or say is RMA!!!!!


I will be your agent if you wish, but useless if not RMA.


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## keyur11 (Mar 18, 2015)

ampk said:


> keyur11, Is your "New Agent" RMA if so he/she will have a MRA# if not (and by sounds on current comment) seems not.
> 
> They will be as useless as your last agent!!!!!!
> 
> THE KEY is registered migration agent,


Yes, he is a very senior Agent. Looks likes he has some experience and he does have MRA.


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## ampk (Sep 21, 2013)

Great the first 2 numbers is the year he is MRA,

Please do not say is starts -
15xxxxxxxx.


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## JandE (Jul 17, 2015)

keyur11 said:


> Yes, he is a very senior Agent. Looks likes he has some experience and he does have MRA.


Did you consider trying one of the Migration agents that answers questions on here ?


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## keyur11 (Mar 18, 2015)

ampk said:


> keyur11, Is your "New Agent" RMA if so he/she will have a MRA# if not (and by sounds on current comment) seems not.
> 
> They will be as useless as your last agent!!!!!!
> 
> THE KEY is registered migration agent,


I have his visiting card. I can see 3 numbers on his card,
1) MARN 09xxxxx (I guess from the information of member ampk, it means he is registered from 2009).
2) MIA number.
3) QEAC number.


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## keyur11 (Mar 18, 2015)

JandE said:


> Did you consider trying one of the Migration agents that answers questions on here ?


I have looked at CCMS profile as he seems to be a senior member, but I live here in Melbourne, and he is located in QLD. Also, I am quite insecure to share every information to anyone whom I don't see personally (just my personal preference, nothing offensive).


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## Mish (Jan 13, 2013)

Just make sure you google the agent and check to make sure their registration is active and matches.


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## ampk (Sep 21, 2013)

I concur.

Love that movie & book more.


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## ampk (Sep 21, 2013)

I live in Darwin, not sure where my MRA lives. 

But I have a visa and you have a refusal.

Look at that as simple fact


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## JandE (Jul 17, 2015)

Many overseas people use Australian based agents, face to face using Skype etc.

However, some people are more comfortable physically face to face, I am the same.


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## keyur11 (Mar 18, 2015)

JandE said:


> Many overseas people use Australian based agents, face to face using Skype etc.
> 
> However, some people are more comfortable physically face to face, I am the same.


This, I am also only comfortable face to face.


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