# False accused for domestic violence, will her PR get cancelled after i win appeal?



## shuning (Nov 10, 2012)

Hi
Here is how my story goes.
I married my partner on 10th of Aug 2010 because she told me her mother got bankrupt in China and she has no money left to study in Australia. (I was 18 and too dumb back then, she was 2 years older than me.)

She got her 820 granted on the 24th of Feb 2012.

July this year our relationship broke down.

On the 13th of July I moved out.

On the 26th of July she got some 30 year old guy to come and threaten me, if i cancell her Visa he will stab me and blah blah blah. This got me very worried so i reported the whole incident to the police (the police recorded an event in their file) and i also sent a letter to immi to cancell her Visa and got got a letter saying that she has 28 days left to stay in Australia.

After that, things started to cool down. She talked me into going back to this relationship. And told me to go back to our rental apartment on the 10th of Aug 2012 (our 2 year anniversary) and get back together.

I believed her, so i went back to Our rental apartment on the 10th of Aug 2012. On that day, she told me to get on a phone call with her mother in China, while i was on the phone call with her mother, she slept next to me and said everything she could to piss me off. Once i started shouting she ran to the police station and claimed that I hit her.

I went to the police station to look for her but instead i was arrested straight away and not allowed to see her. The policed didnt listen to anything i had to say. And just asked me 10 times in a recoreded interview that "Did you hit this woman? did you hit this woman?"

The police sent her to the hospital and did a medical check, the result came out to be "nothing, apart from head slight dizzy"

I was relased that night with a domestic assault charge. And interestingly I found on the police paper that all our date of birth (me and her) and wrong. Because my ex-wife did this on purpose so the police cant see the event being noted in their files about t he incident on the 26th of July.

After that the immigration told me that they have sent 3 letters to me to my old address. (which I believe they all ended up in my wife's hands.) Immi said to me they cant send another one to me and they can not tell me what is in those letters and they can not tell me anything about my wife because its her prviacy.

The domestic Assault case was heard on the 25th of Sept in Waverley Local court. My layer said it was an easy case to win since there is no evidence. But however we got a massive retarded feminest magistrate. My wife pretended that she doesnt understand English and got a interpreter (after She been in Australia for 6 years and got 92 in HSC LOL. ) She was shaking while giving statement on the witness stand, she made false accusationg that i always hit her and blah blah blah. When asked by my barrister about immigration, all her Answer is "I don't know". She claimed that she doesnt know that domestic violence can be used so she can stay in Australia and blah blah blah... Anything to do with immigration she pretends she doesnt understand and she doenst know.

So in the end that massive feminest magistrate sentenced! "Despite both side has no evidence, i find HER words more believeble. Maybe you cancelled her sponsorship because you want to sponsor someone else into Australia, so you came back on the 10th of Aug and hit her. You claim that she is false accusing you to stay in Australia, but she already said that she doesnt know anything about this, and ITS NOT CLEAR that she wants to stay in Australia or NOT. And YOU need to take marriage more seriously."

I was sentenced guilty with a section 9 conviction, an AVO and a Bond. (Yes, section 9. meaning its recorded) I then told the police that she was giving false information that all our date of birth are wrong and what happened on the 26th of July. But the police doesnt care and said "This has nothing to do with the assault incident on the 10th of Aug."

This result was shocking and WTF, even my solicitor and barrister said this is load of Shit, she is not allowed to make judgements like that! So we lodged an all grounds appeal straight away after the case is being heard. 

The district court called for a call-over on the 8th of Nov, they told us that the transcript is not ready yet becauase there are too many people appealing these days hence its taking so long. They then give us another call over date on the 17th Jan 2013. Then on the 23rd of Nov 2012 when i call the local courts, i found out that the transcript was NEVER ordered (well it should have been automatically ordered when we lodged the appeal application.) So this is another screw-up by the courts?

Anyways, i bumped into my ex a few times in Chinatown. Which means she is still on her 820, and maybe its a 801 already. 

So my question is, WHAT CAN I DO NOW?
WILL HER 801 get cancelled if i win the appeal next year?
Can i prove her giving false information in court? Because i heard that after her sponsorship was withdrawn she should get a letter + interview from the immi office to discuss her next step, and in those letters and interview the immi would tell her how to give evidence for domestic violence and all that? If this is true, then how should i obtain such evidence so that i can sue her for giving false information in court and get my solicitor money back? (I spent over 10k on those 2 cases already, where she got the police to charge me so she doesnt have to spend a cent! while i have to pay her victim's compensation levi!)


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## Robotman (Feb 7, 2013)

Sorry about the turmoil u are going thru.. i guess its time to unite and fight for men...i think many in Aus have gone thru this... Stay away from immigrants.. I have seen women get their PR thru such means as she did to u.. Then they even went on to sponsor some one else after several years, actually they sold PRs to other immigrants... I am an immigrant too but worked hard and became a citizen in an ethical way without harassing anyone.. Please keep us updated with ur story..


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## MarkNortham (Dec 19, 2012)

Hi Shuning -

Sorry to hear of your story and bad experience.

There are really 2 separate issues here - the partner visa/domestic violence provisions, and whatever legal issues you may have with her.

The domestic violence provisions of the immigration regulations do not require a conviction in order to satisfy the requirements for domestic violence - a police report and another report from a qualified person may be all that's necessary in order for her to make a claim to proceed to permanent residency (801) based on the domestic violence provisions.

I'm not a lawyer, but my guess is that unless DIAC was convinced that her claims re: domestic violence were fraudulent, she'll get the 801 and keep it.

I suggest you contact a good lawyer if you want to pursue charges against this woman. But I expect it will cost you a fairly substantial amount of money to pursue her, and if she hasn't got the money to pay, then even if you win what does that buy you? I think no matter what, your chances of getting her 801 visa cancelled are slim. And if her previous action was any indication (sending a thug to threaten you with bodily harm), is that really the pathway you want to follow?

From what you say in your story, you've been used, abused and screwed over big time by this woman. And, you've now got a 5 year sponsorship ban since you have to wait 5 years before sponsoring another person. Nice.

Only you can decide how far and how long you want to pursue this woman for what you say she did to you. But at some point, as there doesn't seem to be a future in the relationship with her, you may need to cut your losses and move on to more positive people, relationships, and aspects of life.

Hope this helps some - 

Best,

Mark Northam


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## Nelly87 (Jul 3, 2011)

I am so sorry to hear about your situation and really hope to find a way to get justice both for yourself and her. People abusing the partner visa to stay in Australia piss me off... because meanwhile those of us who'd be willing to live ANYWHERE as long as it's with the person they love, are put on hold and even rejected sometimes. I hope you find a way to do this.

But regarding the judge, just for the record, bias about abuse has NOTHING to do with feminism. I consider myself a feminist an am actually a big campaigner for fathers' rights (my partner's ex refuses him contact with his daughter) and my stepfather was actually physically abused by his ex-wife. Don't mistake feminism for prejudice please, it only worsens the polarization between the sexes when they should be equals fighting for the same cause, which is justice.


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## CollegeGirl (Nov 10, 2012)

Edit: Disregard. I was wrong. It happens upon occasion.


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## shuning (Nov 10, 2012)

MarkNortham said:


> From what you say in your story, you've been used, abused and screwed over big time by this woman. And, you've now got a 5 year sponsorship ban since you have to wait 5 years before sponsoring another person. Nice.


Hi Mark
Are you sure this is only a 5 years ban? Because from what I've read on the application forms. If I had a previous partner who made it into Australia on the bases of domestic violence, im banned forever.

This really pisses me off, because my dad is doing international trade with his office in China (export Australian goods to China. ) And in few years time after I finish my Master's degree I will be going back to China to take over his business. Which means its most likely I will meet my future wife in China with no Aus PR. Does this mean i cant sponsor her into Aus anymore? And does this mean that the only way for us to stay together is for me to renounce my Aus citizenship and become a Chinese citizen again? (This wouldn't be such a bad Idea, but my little brother is born here and my mother doesnt want to go back to China either.... )

Or go live in NZ for 2 years get NZ citizenship and sponor her for NZ citizenship (I've heard people did it this way before, but not sure if the NZ immigration and Aus immigration has linked files or not.)

some advice would be great

Regards
Shuning


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## MarkNortham (Dec 19, 2012)

Hi Shuning -

I will need to research this - they have recently changed some of the rules regarding domestic violence and partner PR - will let you know.

Re: NZ, the pathway is longer now - residence visa -> permanent residence -> citizenship - typically takes 4+ years. 

Best,

Mark Northam


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## bradsterusa (Oct 24, 2012)

CollegeGirl said:


> Edit: Disregard. I was wrong. It happens upon occasion.


Lol :-o i seen dat

This is NOT Immigration advise, just personal comments


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## CollegeGirl (Nov 10, 2012)

bradsterusa said:


> Lol :-o i seen dat
> 
> This is NOT Immigration advise, just personal comments


I mean, I was right that the thread was two months old and the OP hadn't been back since posting that... but OP decided to come back, which is great. Now he can get the help he needs, hopefully.


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## kttykat (Oct 30, 2012)

shuning said:


> Hi
> Here is how my story goes.
> I married my partner on 10th of Aug 2010 because she told me her mother got bankrupt in China and she has no money left to study in Australia. (I was 18 and too dumb back then, she was 2 years older than me.)......


OK I have trouble getting past this first paragraph. If I am to understand you correctly your motivation to marry was because you were dumb and she had no money to study! Not because you were in love and wanted to have a life together..... Therefore I can't help but feel everything that you say that happened after that was just karma catching up with you.... Sorry if I am sounding harsh but the way you start this post just makes me cringe. Most of the people here on the forum love their partners and want to be with them and often can't be. You make it sound like your relationship was based on legal convenience, not love for your partner! Correct me if I am wrong.

As far as I can see your situation, unless you can prove that the original visa was obtained fraudulently then they won't cancel permanent residency. From your first paragraph it smells of migration fraud to me....

Kttykat


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## gfsrm (Sep 17, 2013)

MarkNortham said:


> Hi Shuning -
> 
> I will need to research this - they have recently changed some of the rules regarding domestic violence and partner PR - will let you know.
> 
> ...


Hi Mark,

Thank you very much for your kind advise here.

I was wondering if you have found any information on this. Form 40sp mentions " Your partners visa application may be refused &#8230;&#8230; if you have previously sponsored or nominated 2 other persons as fiancé(e)or partner for migration to Australia (including sponsorship/nominations you may have withdrawn but your former fiancé(e) or partner obtainer permanent residence on family violence grounds"

It indicates a sponsor have second chance if the first relationship ended while sponsored partner got PR with proven/unproven family violence ? is it correct ?

Waiting for your valuable advise.

Thanks.


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## MarkNortham (Dec 19, 2012)

Hi -

In looking at Regulation 1.20J of the Migration Regulations 1994 which covers multiple sponsorship limits, there is no language that would prevent a sponsor who has sponsored once in their lifetime and that sponsorship ended in a claim of family violence, from sponsoring a second time. Do note that there is a limit of 2 sponsorships per lifetime for sponsor unless the Minister believes there are "compelling circumstances affecting the sponsor."

Hope this helps -

Best,

Mark Northam


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## gfsrm (Sep 17, 2013)

MarkNortham said:


> Hi -
> 
> In looking at Regulation 1.20J of the Migration Regulations 1994 which covers multiple sponsorship limits, there is no language that would prevent a sponsor who has sponsored once in their lifetime and that sponsorship ended in a claim of family violence, from sponsoring a second time. Do note that there is a limit of 2 sponsorships per lifetime for sponsor unless the Minister believes there are "compelling circumstances affecting the sponsor."
> 
> ...


Hi Mark,

Thank you very much. I agree with your advise.

I found a link (site not allowing to post link) under Changes to the special provisions relating to domestic violence and the limitation of sponsorships for spouse, prospective spouse and interdependency visas 1 July 2005 - Legislation change

The changes stated "Where a visa has already been granted as a result of domestic violence committed by the sponsor, the sponsor is prevented from lodging more than one further partner sponsorship."

I cannot understand this sentence properly. More than one further indicates no 2 sponsor?

Please simplify this line. I thank you for your time.


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## MarkNortham (Dec 19, 2012)

Hi Gfsrm -

Re: the text, it is clarifying that a visa granted as a result of domestic violence (now called family violence) counts towards a sponsor's 2-visa lifetime maximum for sponsoring. So in the example, if a sponsor has already sponsored once and that visa was granted and there was family violence involved, the sponsor may not sponsor any *more *than 1 additional (further) sponsorship, so 2 in total. It's the same for non-family violence cases - 2 is the lifetime max.

Hope this helps -

Best,

Mark Northam


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## gfsrm (Sep 17, 2013)

Thanks a ton for your time.

may God bless you.


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## MarkNortham (Dec 19, 2012)

Thanks, glad to help!

Best,

Mark Northam


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## Dav (Nov 5, 2013)

Hi,

My ex wife brought false allegation of family violence against me as I indicated to
end the relationship knowing her real intention was to gain residency through
the marriage. 

She went to the women’s refugee while I was at work. I agreed with the AVO without admission of her allegations as I wanted to let it go. 

During the AVO time, she tried to contact with me from unknown numbers and later I found it was her number. So I changed my phone numbers then she started to email
me on regular basis (in AVO period) saying she wanted to comeback, she is sorry etc. I did not response and I maintained AVO and no breaching took place. 

she kept emailing that she is going back to her own country (both we are from abroad, same country). Going back there she kept writing me and at one stage she started to call my friends, relatives talking bad about me. She also emailed my relatives which was forwarded to me. I had to respond on this occasion and that time I wrote some
hateful email to her and her family members who were involved in the whole
process. Just hateful and disgusting so that they stay away from my family and
friends, no threats I made like -I will kill them, harm them. 

Now I came to know she got residency based on my emails. Can it be possible? That took place long after relationship ended, AVO ended !

If this is correct, should I forward her communications to DIAC
and ask to investigate her as a migration fraud? 

Will I face difficulty for my second wife’s visa even after
5 years? 

Thanks !


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## Notallmenbad (Dec 25, 2013)

Im new here and interested to know what the result was with Shuning's matter.. I have just experienced a very similar situation and there is not much information around about visa applicants using their sponsors in this way..

I searched 820 visa family violence fraud and this thread came up..I am disgusted with how I have been treated in comparison to my wife who only had to lie to prompt the system to her beckon call..


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## frombelarus (Sep 14, 2013)

You can begin by not trusting anyone.
record everything and every phonecall you get or make or write time/date and keep receipts. 
put everything in chronological order.
and do research about how these sort of issues are dealt with and how others dealt with it in the past. That may give you more ideas than us here who don't face such situations.


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## frombelarus (Sep 14, 2013)

Oh and another obvious thing 
Do not contact your partner in any form or fashion. If you have to contact your partner/ex-partner keep in mind that your words will be read out in the court of law.
REMEMBER
Anything you say or write may and very much will be used against you.


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