# Continue my story: Spouse visa refused yesterday



## summerburns (Apr 2, 2013)

Update:
I applied mrt and i got letter to ask me to attend hearing. I put all the support document in two days before the hearing. Today my lawyer receiced call from member said they cancel the hearing because they could make decision by the document i provided. My lawyer said this means i won. Now i am waiting for the official letter coming.
So MRT will review cases by document they received. Not only the document u put in when u applied the visa.
Good luck to everyone!



confused:
Dear all,

I am so disappointed about Australian Immigration now.
Yesterday I was sick at home, then I received a mail from DIAC said my visa application has been refused. I lodged my application in March. When I lodged my application, officer in immigration said to me there is no need for you to provide any document so far (cause the processing time is quite long), the case officer will ask for what they want when your case is in their hand.
But now they just directly refused my visa application without asking anything. In the letter, Case officer said I don't have .........document. Of course I don't, because you guys said I don;t need to put anything in.
(I guess the courter should have camera to record what they said to me???) 
I went to immigration yesterday, they said this is not their business any more and I have to go to MRT to review my case.
Then I have to pay $1540 to MRT and $5000 for a lawyer to do a good job for me...... Is that all about money now???
What if anyone who can't affort any money and marry a non-Australian citizen? They won't be together because they don't have money?
What's wrong with Australian now??
I am so disappointed.


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## Valentine1981 (Sep 13, 2012)

What do you mean about not providing any documents? There is a massive amount of paperwork involved in a 820 application. Did you have everything on the checklist that they asked for?


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## summerburns (Apr 2, 2013)

Valentine1981 said:


> What do you mean about not providing any documents? There is a massive amount of paperwork involved in a 820 application. Did you have everything on the checklist that they asked for?


They asked me do not put any document in when i lodged my application.
The only thing i put in with my application is my marriage certificate.
They don't even give me a chance to provide document


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## Valentine1981 (Sep 13, 2012)

http://www.immi.gov.au/migrants/_pdf/820-801-checklist.pdf when you lodge a 820 visa application you have to provide everything listed on that checklist! I believe some things like medical checks and police checks can be submitted after you lodge the application however it sounds like something was lost in translation in a MAJOR way if you only submitted the forms and your marriage certificate. Did you seek assistance from anyone in preparing your application?


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## summerburns (Apr 2, 2013)

Valentine1981 said:


> http://www.immi.gov.au/migrants/_pdf/820-801-checklist.pdf when you lodge a 820 visa application you have to provide everything listed on that checklist! I believe some things like medical checks and police checks can be submitted after you lodge the application however it sounds like something was lost in translation in a MAJOR way if you only submitted the forms and your marriage certificate. Did you seek assistance from anyone in preparing your application?


Myself did it.
I was in immigration when they lodged my visa and they ask me do not put any document in. Is there any way I could argue with them? They gave me to wrong information. And they are professionals not me. I followed what they asked me to do.


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## The_Bankster (Apr 17, 2012)

summerburns said:


> Myself did it.
> I was in immigration when they lodged my visa and they ask me do not put any document in. Is there any way I could argue with them? They gave me to wrong information. And they are professionals not me. I followed what they asked me to do.


It clearly says on the document checklist: "You *must* provide the following documents with your completed application form... Failure to do so may result... in a decision being made to refuse to grant the visa" . I'm not sure why you were even querying this with Immigration in the first place..?


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## Boboa (Mar 24, 2009)

Yep. I'm confused why you were at immigration anyway? The people facing employees are just administrators / receptionists and they usually clearly state that they are not authorized to provide any advice. Case officer never face customers. 

In addition the website, application and checklist clearly states that documents are a must. Regardless of what you believe you were told (I think there is a major communication issue here) regardless of what you believe you were told written documents clearly state what needed. 

With the backlog of applications CO don't have time to get back to each and every incomplete application with requests.

This is not an immigration advice


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## someuser (Nov 6, 2012)

summerburns said:


> Dear all,
> 
> I am so disappointed about Australian Immigration now.
> Yesterday I was sick at home, then I received a mail from DIAC said my visa application has been refused. I lodged my application in March. When I lodged my application, officer in immigration said to me there is no need for you to provide any document so far (cause the processing time is quite long), the case officer will ask for what they want when your case is in their hand.
> ...


I'd personally just try again, this time with everything they request. Probably best to consult a proper immigration lawyer though to be sure.


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## kttykat (Oct 30, 2012)

With our initial 309 application, we provided over 7 pounds, 3.5kg of documents, forms and supporting evidence. That is a must do if you don't want your application rejected. You should have done a lot of research before lodging your application without help from a migration agent.

Look at the 820 checklist here http://www.immi.gov.au/migrants/_pdf/820-801-checklist.pdf

All that stuff must be provided with your application. A marriage certificate is not proof of your relationship by itself.

What exactly did you put in? forms etc.

Kttykat


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## summerburns (Apr 2, 2013)

kttykat said:


> With our initial 309 application, we provided over 7 pounds, 3.5kg of documents, forms and supporting evidence. That is a must do if you don't want your application rejected. You should have done a lot of research before lodging your application without help from a migration agent.
> 
> Look at the 820 checklist here http://www.immi.gov.au/migrants/_pdf/820-801-checklist.pdf
> 
> ...


I know what I should do at the first place. But I want to put application in first then add documents. I don't know I shouldn't believe the admin officer in immigration.
Anyway, i will pay a lawyer and apply MRT now.
More time to wait.


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## Valentine1981 (Sep 13, 2012)

I'm really surprised they let you lodge the application in the first place with so little evidence. I don't work at immigration and even I would know enough to tell you that you were submitting an invalid application. I would recommend seeking professional guidance for the review


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## Marianina (Oct 25, 2012)

someuser said:


> I'd personally just try again, this time with everything they request. Probably best to consult a proper immigration lawyer though to be sure.


I agree with someuser. Going through the MRT may not be the route to take because if I am not mistaken, they will review the application based on the documents/evidence submitted. Since you mentioned that you did not submit any, then you would be setting yourself up for an outright rejection.


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## CollegeGirl (Nov 10, 2012)

summerburns said:


> I know what I should do at the first place. But I want to put application in first then add documents. I don't know I shouldn't believe the admin officer in immigration.
> Anyway, i will pay a lawyer and apply MRT now.
> More time to wait.


I really think you're probably wasting your time and money with MRT. I'm not trying to be cruel, but they did exactly what they said they would do if you read the Parter Migration Booklet - made a decision based on the documents you provided.

DIAC cannot be held legally responsible for the advice they give you about your application. Migration agents CAN - they're held to a higher standard. But when you're given incorrect advice by DIAC, there's unfortunately absolutely no recourse.

The only way MRT would be helpful is if the case officer examining your case had evaluated it incorrectly. Your CO evaluated it exactly the way they're supposed to - based on the information they have.

This underscores the importance of doing your own research and never just taking one person at their word on something so important.

I know this seems like a heartless post, and I'm sorry for that - I just don't want to see you waste thousands of dollars. You'd be better off just reapplying, I'd think.


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## Valentine1981 (Sep 13, 2012)

CollegeGirl said:


> - I just don't want to see you waste thousands of dollars. You'd be better off just reapplying, I'd think.


Is it possible to do this? I didn't think you could just lodge another application if an 820 was rejected.


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## CollegeGirl (Nov 10, 2012)

EDIT: Wait, no, I was right originally. It looks like you CAN reapply for a partner visa if you withdraw your MRT.

http://www.australiaforum.com/visas-immigration/19586-about-mrt.html#post87274



MarkNortham said:


> The main issue for most people who withdraw their MRT is that they are still barred by section 48 of the Migration Act from applying for any further substantive visa onshore *except for a partner visa or a refugee visa*. Once you leave Australia, that bar disappears, but if you've been onshore since an onshore visa refusal and haven't departed Australia, you are likely looking at a section 48 bar problem.


I know I say this over and over, but this might be something you want to get professional advice on...


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## AngeliquePrince (Dec 10, 2012)

Hi summerburns,

So sad to hear your story. Anyway the best advise is to contact a lawyer to help you out with the possible miscommunication that happened when you lodge your application. I am just wondering as to why the documents you provided were not complete. An immigration agent would be very helpful to direct you to proper avenue to support your case. 

Additionally, always look at the checklist in case that you are ready to submit the application for the second time. Do not resubmit without talking to proper authority, remember the embassy has all our records and can see if the applicant has lodged previously.

Pray and ask for guidance.

Goodluck!

AngeliquePrince


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## Zamaussie (Jan 16, 2012)

Hi Summerburns,
Sorry to hear about your case. I agree with others who feel it will be a waste of money to appeal your case. In this situation it will be your word against theirs (agent) has nothing today with the immigration.. 
Its best to check the DIAC's website before you do anything. If possible you must take the route of reapplying.
All the best.


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## Zamaussie (Jan 16, 2012)

Just checking again , Did you talk to the immigration or just an agent before putting in your application?


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## CollegeGirl (Nov 10, 2012)

Zamaussie said:


> Just checking again , Did you talk to the immigration or just an agent before putting in your application?


OP didn't say anything about talking to an agent at all. He just talked to the person at DIAC as he was handing in his application.


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## Zamaussie (Jan 16, 2012)

CollegeGirl said:


> OP didn't say anything about talking to an agent at all. He just talked to the person at DIAC as he was handing in his application.


Thanks, For the correction.

-------

Am not surprised, I have been to other offices here in Australia where I have been given wrong information.

I guess the best is to go and consult an immigration lawyer they will give you the right advice


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## Kolto (Nov 27, 2012)

Terribly sorry to hear you go refused! Good luck and I hope you get it sorted ok. 

One thing I've seen in this thread that I haven't come across before, am I understanding right that if an 820 gets refused you can either appeal to MRT or submit a new application onshore straight away? I only ask as if (god forbid) my own 820 gets refused it would be down to evidence because mine and my partners finances were very independent at the time. (Living on her fathers property, together of course) however, now they're much more shared and together with car payments and things so we could provide much better credible evidence.


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## Valentine1981 (Sep 13, 2012)

Kolto said:


> Terribly sorry to hear you go refused! Good luck and I hope you get it sorted ok.
> 
> One thing I've seen in this thread that I haven't come across before, am I understanding right that if an 820 gets refused you can either appeal to MRT or submit a new application onshore straight away? I only ask as if (god forbid) my own 820 gets refused it would be down to evidence because mine and my partners finances were very independent at the time. (Living on her fathers property, together of course) however, now they're much more shared and together with car payments and things so we could provide much better credible evidence.


I would also be interested to know the answer to this question as my partner and my application is going to be borderline as well I suspect - social evidence as far as the eye can see,E-mails,stat decs but living with future MIL (i'm a student he is still paying mortgage on former marital home) so no lease agreement and no bills....as bad as it sounds....paying the $4000 application fee a 2nd time would still come out cheaper than studying for another 6 months-1 year in order to get an absolutely indisputable application together...


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## Kolto (Nov 27, 2012)

Valentine1981 said:


> I would also be interested to know the answer to this question as my partner and my application is going to be borderline as well I suspect - social evidence as far as the eye can see,E-mails,stat decs but living with future MIL (i'm a student he is still paying mortgage on former marital home) so no lease agreement and no bills....as bad as it sounds....paying the $4000 application fee a 2nd time would still come out cheaper than studying for another 6 months-1 year in order to get an absolutely indisputable application together...


Couldn't agree more, I studied for 6 semesters which I'm sure you know, isn't cheap by anyone's standards.

I have faith that my application will be fine, but you never know. It would be slightly comforting to know another application is indeed an option. Especially as me and my partner have serious plans for moving on with our lives and starting a family as soon as the DIAC determines our fates.

- K


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## Tahlia (Jan 9, 2013)

Valentine1981 said:


> I would also be interested to know the answer to this question as my partner and my application is going to be borderline as well I suspect - social evidence as far as the eye can see,E-mails,stat decs but living with future MIL (i'm a student he is still paying mortgage on former marital home) so no lease agreement and no bills....as bad as it sounds....paying the $4000 application fee a 2nd time would still come out cheaper than studying for another 6 months-1 year in order to get an absolutely indisputable application together...


Valentine, we were in the same boat (further more, currently living separately due to study/work/other complicated situation), and we were approved. I don't think that this is a HUGE issue, so long as you clearly state all the reasons etc and outline your plans for the future. If you've got a joint bank account or have proof of big purchases you've made together, all the better. 
Hope it works out for you!


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## Adventuress (Jan 8, 2012)

Here is an example of somebody who did not submit relationship evidence documents until a month after lodging the application:

http://www.australiaforum.com/visas-immigration/15909-spouse-viza-lebanon.html#post63196



Salals said:


> My husband *lodged all the required documents except the 'proof of relationship' stuff in early June* (I was in Australia then), I returned to Jordan at the end of June and we had our wedding party *and lodged the 'proof of relationship' docs by hand early July.*


(my emphasis)

Not only was their application not rejected immediately for lack of evidence like the case of the original poster of this thread, but they were approved within three months - which means only two for processing the evidence after it was submitted - while others waited nine or more.

http://www.australiaforum.com/visas...family-spouse-applications-214.html#post64075

So why the inconsistency?


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