# New Application if MRT is refused



## sraditya (Feb 4, 2014)

Hi All, I have my partner visa refused, as i did not clear the Schedule 3 waiver ( living together for 18 months with my partner at the time of lodgement, they want atleast 24 ). I have filed MRT and the hearing is in a month. I am just preparing for the worst. If the MRT refuses again, will I be able to lodge another partner Visa application ?
Thank you
Adi


----------



## Owen Small (Feb 5, 2014)

Hi sraditya,

When your application was refused by DIBP they would have provided a document, ”form 1026i limitations on applying for further visas in australia” if a visa is refused or cancelled. This states that you CANNOT apply for a further spouse visa. The MRT process can take around 18 months and you could find yourself in the same situation and having to depart within 28 days after the MRT decision. We have had other clients in similar situations regarding schedule 3 waivers and after providing all the options and weighing up the pros and cons they decide to make a further application offshore. Obviously this means paying the DIBP fees again and taking around a further 9ish months processing. In this situation hopefully the new offshore application is approved before your MRT is looked at.


----------



## sraditya (Feb 4, 2014)

Owen Small said:


> Hi sraditya,
> 
> When your application was refused by DIBP they would have provided a document, "form 1026i limitations on applying for further visas in australia" if a visa is refused or cancelled. This states that you CANNOT apply for a further spouse visa. The MRT process can take around 18 months and you could find yourself in the same situation and having to depart within 28 days after the MRT decision. We have had other clients in similar situations regarding schedule 3 waivers and after providing all the options and weighing up the pros and cons they decide to make a further application offshore. Obviously this means paying the DIBP fees again and taking around a further 9ish months processing. In this situation hopefully the new offshore application is approved before your MRT is looked at.


Hello Owen small, thank you for your message.

My MRT was opened in less than 3 months. I do not have an Offshore application lodged.
What would you recommend me to do, if the MRT is refused ?

Thank you
Adi


----------



## Sandz (Feb 4, 2014)

Hi there ..me and my partner are goin through the same thing...


----------



## sraditya (Feb 4, 2014)

Hi Sandz
Sorry to hear that,
why did they refuse your application ?
Have you heard from MRT yet ?

Adi


----------



## Sandz (Feb 4, 2014)

We'll same thing as with schedule 3 waiver...no we are goin to file for mrt ..some one recommended us a migration lawyer.. So we gota see him...


----------



## Sandz (Feb 4, 2014)

Northam & associates...his the best migration lawyer


----------



## Sandz (Feb 4, 2014)

Sraditya 

How long did it took mrt to opened ur file..since it says it takes 18 months??


----------



## sraditya (Feb 4, 2014)

good luck with that ..

my situation got much worse, the day i heard from MRT, my lawyer passed away in a car accident. 
My hearing is on march 5th and i will need to find a new lawyer.


----------



## sraditya (Feb 4, 2014)

It took 2 and half months for me.


----------



## Sandz (Feb 4, 2014)

Sraditya 

Sorry to here that... 2 and half month is so less.. These things are so much head ache and costly..


----------



## sraditya (Feb 4, 2014)

True Sandz, I feel terrible for my lawyers family

I took an appointment with a migration agent on friday. Hopefully i will have some news.


----------



## Sandz (Feb 4, 2014)

Sraditya 

Dnt waste ur time with any tom dick & Harry lawyers..I bet you there is so many lawyers here for no good..they just take ur money and do nothing..
Get hold of a gud migration lawyer..
You knw till yesterday I was so hopeless for my partner, I was in so much of stress..That's when I joined this forum.. Just yesterday some1 here referred me to hotham& associates.. We talked to him and he told us we have to make the schedule 3 waiver strong.. We have 21 days time till we gona file for mrt..


----------



## sraditya (Feb 4, 2014)

Hi sandz
Thanks for your tip, Im in melbourne, I'm not sure who's good and who isn't.
I will look on the internet, an visit a couple of lawyers ASAP

Adi


----------



## Sandz (Feb 4, 2014)

Sraditya

Iam in melbourne too..we have seen some of the lawyers in here too..but still we wanted the best...


----------



## sraditya (Feb 4, 2014)

Hi Sandz
could you please give me the contact details for your lawyer ?
I've googled Northam and associates, it came up with Sydney address

Thank you
adi


----------



## Sandz (Feb 4, 2014)

Sraditya 

Yes they are in Sydney..and they work for all around Australia ...


----------



## sraditya (Feb 4, 2014)

Great, thanks for that, i will ring them tomorrow
Adi


----------



## Sandz (Feb 4, 2014)

Ur welcome ..and yeah do contact them ASAP and get everything sorted out.. Best of luck..


----------



## sraditya (Feb 4, 2014)

Thank you


----------



## Maggie-May24 (Jul 24, 2011)

sraditya said:


> Hi Sandz
> could you please give me the contact details for your lawyer ?
> I've googled Northam and associates, it came up with Sydney address
> 
> ...


Mark posts regularly on this forum and is higly respected amongst the posters here. This "Ask Mark" sticky thread is the Mark Northam who Sandz is referring to.....

http://www.australiaforum.com/visas-immigration/49513-ask-mark.html


----------



## sraditya (Feb 4, 2014)

Thank you Maggie


----------



## Maggie-May24 (Jul 24, 2011)

No worries. You've obviously been through a real roller coaster with immigration, and looking for a new migration agent is another stress on top. And by reading Mark's posts, you can get a good sense of how well he obviously knows his stuff.


----------



## Sandz (Feb 4, 2014)

Maggie-may24

Yes you right he is the one


----------



## sraditya (Feb 4, 2014)

Definitely, I'm going through his posts, very interesting cases.


----------



## Owen Small (Feb 5, 2014)

If your MRT is not successful then your best option will likely be to go offshore and reapply and will unfortunately have to wait offshore until it is approved before returning. 

Options onshore are limited such as appealing to the federal court, this can be costly and time consuming and your file would need to be assessed to see what the likely chance of success would be. 

All the best with your MRT.

Owen.


----------



## sraditya (Feb 4, 2014)

Thank you Owen, I will keep that in mind


----------



## Sandz (Feb 4, 2014)

Sraditya 

Hi there..as ur hearing is in march do let me knw wat the outcome is ..thanks


----------



## sraditya (Feb 4, 2014)

Owen Small said:


> Hi sraditya,
> 
> When your application was refused by DIBP they would have provided a document, "form 1026i limitations on applying for further visas in australia" if a visa is refused or cancelled. This states that you CANNOT apply for a further spouse visa. The MRT process can take around 18 months and you could find yourself in the same situation and having to depart within 28 days after the MRT decision. We have had other clients in similar situations regarding schedule 3 waivers and after providing all the options and weighing up the pros and cons they decide to make a further application offshore. Obviously this means paying the DIBP fees again and taking around a further 9ish months processing. In this situation hopefully the new offshore application is approved before your MRT is looked at.


Hello Owen
Just wondering, if an Offshore application can be lodged while I'm Onshore ?


----------



## Sandz (Feb 4, 2014)

Hi sraditya Hw did u go with ur mrt ..


----------



## CollegeGirl (Nov 10, 2012)

sraditya said:


> Hello Owen
> Just wondering, if an Offshore application can be lodged while I'm Onshore ?


I can answer that for you - no, offshore applications MUST be lodged while you're offshore.


----------



## sraditya (Feb 4, 2014)

Hi All
Just to give you an update on my case.
I just got the refusal notification from MRT.
however the member recommended us to the Minister considering it as a genuine relationship.
Does anyone know what they chances are if we were recommended to the minister by the MRT member ?


----------



## bradley (Jul 1, 2012)

In my experience i never heard people win the ministerial if they think your relationship is not genuine my idea in this case for you is to reapply again offshore.if you got refusal notification by the department and now from MRT no away you will win the ministerial intervention.


----------



## sraditya (Feb 4, 2014)

Hi Bradley

MRT or DIBP considered our relationship as genuine. It's only the time factor.

Please see below what the member has to say.

" The applicant has requested and the Tribunal has agreed, to refer the case to the department for consideration by the minister pursuant to s.351 which gives the minister a discretion to substitute for a decision of the Tribunal another decision that is more favourable to the applicant, if the minister thinks that is in the public interest to do so "

"Whilst the tribunal has not assessed the nature of the relationship between the applicant and the sponsor, the Tribunal considers that if the Schedule 3 criteria were not at issue in this matter the applicant may have been successful in being granted a partner visa based on his de-facto relationship with the sponsor. The tribunal notes that it is generally accepted by the delegate and the Tribunal that the relationship between the applicant and the sponsor was of 14 1/2 months duration and therefore would meet the 12 month requirement for a de-facto relationship at the time of applicatio. However at the time of application the relationship between the applicant and the sponsor had not been a long standing relationship for two years or longer for the purposes of waiving Schedule 3 criteria which, in the view of the Tribunal, leads to an unfair outcome in the current matter. "


----------



## bradley (Jul 1, 2012)

Finger cross sraditya mark is the man you need. good luck and let us know what happen :-\


----------

