# What are the common reasons for refusal PMV



## louiseb (Dec 22, 2012)

Does anyone know of any common factors why a PMV should be refused. I have lived with my partner for two years and we have more than enough proof, so being refused because we are living apart is not a factor with us. But is there other common factors why a PMV should be declined.

Thanks in advance guys 
thanks Louise


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## CollegeGirl (Nov 10, 2012)

Louise, living apart is actually not a reason for being denied the PMV. There's no requirement for living together for that visa. If you didn't have proof you met in person, like pictures (clearly you do at this point) that might be an issue... medical issues can be a problem... not providing everything the application asks for, like not providing statutory declarations from friends and family at all... I don't know what else would do it. The PMV seems to be the one requiring the least evidence.


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## MarkNortham (Dec 19, 2012)

Hi Louise -

The most common reasons for a subclass Prospective Marriage Visa being refused (beyond the usual issues with missing docs, bogus docs, etc) focus on the relationship being genuine. It's why they added the language re: "must have met and be personally known to each other" language a while back, as this visa is sometimes seen by applicants as a short-cut for other visas they may not qualify for. The relationship evidence assessment is not as severe as it is with the partner visa as you aren't expected to be living together yet, and can focus instead on evidence pertaining to relationship development issues such as how and when you met (in person and otherwise - online, etc), how the relationship developed and over what time period, how the relationship is viewed by close friends and family, etc.


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## MrsMwangi (Dec 12, 2012)

Are finances a reason to be rejected?


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## MarkNortham (Dec 19, 2012)

MrsMwangi said:


> Are finances a reason to be rejected?


Yes, they can be - and this is an interesting issue in that the old Assurance of Support (AOS) requirements have been removed from partner visa applications. However, DIAC still wants to see employment and income info for the sponsor with the subclass 300 visa application and with partner visa applications.


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## missinmahubby (Oct 8, 2012)

MarkNortham said:


> Yes, they can be - and this is an interesting issue in that the old Assurance of Support (AOS) requirements have been removed from partner visa applications. However, DIAC still wants to see employment and income info for the sponsor with the subclass 300 visa application and with partner visa applications.


Hi MarkNortham,

Is this a big factor also for an onshore applicant? Having no joint account?


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## MrsMwangi (Dec 12, 2012)

MarkNortham said:


> Yes, they can be - and this is an interesting issue in that the old Assurance of Support (AOS) requirements have been removed from partner visa applications. However, DIAC still wants to see employment and income info for the sponsor with the subclass 300 visa application and with partner visa applications.


See, that makes me so nervous. Neither my fiance or I have much money. He's a hard worker, owns two shops and has done farm work his whole life. He also let immigration know of his plan to jump straight into farm work when he arrived here....BUT, I'm not working full time right now (and wasn't working at all when we applied). We were told when we called and asked about this, that this would not matter as long as others in our family were willing to back us up financially, but we've had no feedback on it.

I get so sick with worry over this, even though I'm actively looking for full time work.


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## MarkNortham (Dec 19, 2012)

The good thing is that DIAC looks at the entire support picture - letters or statements of support from family members are definitely helpful and factored into the decision.


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## melandabdul (Sep 1, 2012)

MrsMwangi said:


> See, that makes me so nervous. Neither my fiance or I have much money. He's a hard worker, owns two shops and has done farm work his whole life. He also let immigration know of his plan to jump straight into farm work when he arrived here....BUT, I'm not working full time right now (and wasn't working at all when we applied). We were told when we called and asked about this, that this would not matter as long as others in our family were willing to back us up financially, but we've had no feedback on it.
> 
> I get so sick with worry over this, even though I'm actively looking for full time work.


I am on a disability support pension and work part time and I believe I proved this to be adequate to show I could support my fiance when he comes here. He is not working at the moment as he is in Greece where things are bad and he has no money to speak of. I am not renting though so this might make a difference in terms of bills I pay.

I dont think you need millions..you just need to show you can house and feed him and provide medical bills.

One thing I thought of when I read your comments was to ask if you have had an interview or are planning to? If you are planning to just be careful about saying he will come over and jump straight into a farming job. You would day this as you are focusing on satisfying the financial criteria they need you to meet...however in an interview this kind of statement is viewed very poorly as it is seen as evidence that the applicant is focused on coming here for work prospects primarily rather than love....and being that your man is from high risk African country like mine, they are super suspicious about this.

Just thought I would mention that


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## MrsMwangi (Dec 12, 2012)

They waived our interview, so we haven't had one. Not sure what that means, I was hoping it was a good thing though.


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## melandabdul (Sep 1, 2012)

MrsMwangi said:


> They waived our interview, so we haven't had one. Not sure what that means, I was hoping it was a good thing though.


Yes I think that is a good thing. I take from what I've read that they interview to clarify things in the application and the more complex the case the more likely the interview.

If I was in your shoes I would take it that your case was clear and they didn't need to discuss anything to understand your relationship in any more detail. Of course this is just my opinion but I'd go so far as to say if they didn't interview you then the likelihood of a rejection is exceptionally low.


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## MrsMwangi (Dec 12, 2012)

melandabdul said:


> Yes I think that is a good thing. I take from what I've read that they interview to clarify things in the application and the more complex the case the more likely the interview.
> 
> If I was in your shoes I would take it that your case was clear and they didn't need to discuss anything to understand your relationship in any more detail. Of course this is just my opinion but I'd go so far as to say if they didn't interview you then the likelihood of a rejection is exceptionally low.


You've made me feel a lot better, thankyou. I know nothing is guaranteed, but it's nice to hear something positive from someone else.
Does make me wonder why they've taken 16mths so far though. LOL


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## melandabdul (Sep 1, 2012)

MrsMwangi said:


> You've made me feel a lot better, thankyou. I know nothing is guaranteed, but it's nice to hear something positive from someone else.
> Does make me wonder why they've taken 16mths so far though. LOL


I think the time frame has a lot to do with our loves being from African countries. Dealing with 3rd world countries does take a lot longer as the recording keeping and ability to get information confirmed takes longer when things are often not recorded or records are kept in paper form rather than on computers.

I am also aware that often being from an African country will trigger a form 80 being sent to ASIO to do security checks and ASIO have a HUGE backlog and don't have a service level agreement of any kind to meet so take as long as they take.

Did you complete a form 80?


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## melandabdul (Sep 1, 2012)

Hey Louise,

I have heard of so many reasons for visa's being rejected that it is not funny...from age different to religion different to education difference to the man not providing the woman money....blah blah blah. I think that in any application there can be something they could find to pick on. The main focus I know of to reject on is the genuineness of the relationship.


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## MrsMwangi (Dec 12, 2012)

melandabdul said:


> I think the time frame has a lot to do with our loves being from African countries. Dealing with 3rd world countries does take a lot longer as the recording keeping and ability to get information confirmed takes longer when things are often not recorded or records are kept in paper form rather than on computers.
> 
> I am also aware that often being from an African country will trigger a form 80 being sent to ASIO to do security checks and ASIO have a HUGE backlog and don't have a service level agreement of any kind to meet so take as long as they take.
> 
> Did you complete a form 80?


No, they haven't asked for a form 80. 
I did think that my man being Kenyan had something to do with the time frame. It's a pity, hopefully we won't be waiting much longer and our finacial situation won't be a reason to reject us.


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## melandabdul (Sep 1, 2012)

MrsMwangi said:


> No, they haven't asked for a form 80.
> I did think that my man being Kenyan had something to do with the time frame. It's a pity, hopefully we won't be waiting much longer and our finacial situation won't be a reason to reject us.


Hmmm do you have a CO that has actively spoken to you? I'm just concerned now that your file might not be being looked at.


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## louiseb (Dec 22, 2012)

CollegeGirl said:


> Louise, living apart is actually not a reason for being denied the PMV. There's no requirement for living together for that visa. If you didn't have proof you met in person, like pictures (clearly you do at this point) that might be an issue... medical issues can be a problem... not providing everything the application asks for, like not providing statutory declarations from friends and family at all... I don't know what else would do it. The PMV seems to be the one requiring the least evidence.


thanks for this CG, i didnt mean to indicate that living apart was a reason for a declined answer i appologise, i hold my hands up i honestly thought it could be a indicating factor, i know what thought did lol it thought wrong lol. I some how keep worrying about this visa lately and im not sure why as i have supplied them with all the required information, Nerves i think lol

Thank you hun


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## louiseb (Dec 22, 2012)

melandabdul said:


> Hey Louise,
> 
> I have heard of so many reasons for visa's being rejected that it is not funny...from age different to religion different to education difference to the man not providing the woman money....blah blah blah. I think that in any application there can be something they could find to pick on. The main focus I know of to reject on is the genuineness of the relationship.


you know its funny they never asked me or Kevin to actually supply proof of income or any bank statements ect... it did require that i write how much i was going to bring to Australia but they never actually asked for any financial statements. I didnt realize there were so many factors to having a visa declined especially religion lol 
thanks allot for this
Louise


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## louiseb (Dec 22, 2012)

MarkNortham said:


> Yes, they can be - and this is an interesting issue in that the old Assurance of Support (AOS) requirements have been removed from partner visa applications. However, DIAC still wants to see employment and income info for the sponsor with the subclass 300 visa application and with partner visa applications.


this is interesting Mark because Kevin as an australian resident and of 54years of age is now retired as he came over to Malta so he doesnt work. Would this hold strong views with the DIAC, he has a pension of *decent amount* which he can withdraw from, plus i would work once i am over there as a nurse.
Thanks Louise


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## MrsMwangi (Dec 12, 2012)

melandabdul said:


> Hmmm do you have a CO that has actively spoken to you? I'm just concerned now that your file might not be being looked at.


Depends what you mean by 'actively spoken'. She has emailed us when she needed something, and answered our emails whenever we had a question. She said everything was going along fine and she'd contact us when there was an update (that was about 4 or 5mths ago, though). We've never spoken to her on the phone or in person.


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## melandabdul (Sep 1, 2012)

MrsMwangi said:


> Depends what you mean by 'actively spoken'. She has emailed us when she needed something, and answered our emails whenever we had a question. She said everything was going along fine and she'd contact us when there was an update (that was about 4 or 5mths ago, though). We've never spoken to her on the phone or in person.


OK Well I was going to say, not to worry you, that if you are not waiting on a form 80 which is known to take AGES and you are not waiting on an interview then what are you waiting on?

Do you have medicals that have been referred and are waiting to be processed?

I don't want to get you all worked up here but for me if you told me at the start that you were 16 months into the process and none of these things were outstanding I would be quite interested in what the CO is waiting on (read doing).

It is such a fine line but 16 MONTHS!!!! That is WAY longer that the timeframe quoted so I think it is ok to ask some questions like what is outstanding, waiting to be completed before the decision can be made?

Again, please I don't want to get your all wound up, I am trying to measure my frustration FOR YOU....I don't know why you are still waiting when there doesn't on the surface appear to be anything they are waiting for.

I do know that applicants from Kenya are notorious long waits but I think it is ok to ask.


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## MrsMwangi (Dec 12, 2012)

melandabdul said:


> OK Well I was going to say, not to worry you, that if you are not waiting on a form 80 which is known to take AGES and you are not waiting on an interview then what are you waiting on?
> 
> Do you have medicals that have been referred and are waiting to be processed?
> 
> ...


All medicals were done a long while back and anything that need to be checked up on or signed was done very quickly after that. I was told that nothing else needed to be sent/handed in.

We were going to wait until it hit the 18mth mark and then try and kick them up the butt to see what the hell was going on. Only because I personally know two people (english and american) whose visas took 18mths.

But, I think I will email our CO again on Thursday and ask. We're both aware that my man may need to do medicals again (simply because of the length of time we've been waiting), but apart from that I don't get what's going on either. So frustrating.


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## CollegeGirl (Nov 10, 2012)

louiseb said:


> thanks for this CG, i didnt mean to indicate that living apart was a reason for a declined answer i appologise, i hold my hands up i honestly thought it could be a indicating factor, i know what thought did lol it thought wrong lol. I some how keep worrying about this visa lately and im not sure why as i have supplied them with all the required information, Nerves i think lol
> 
> Thank you hun


No worries, Louise! We're all here to learn, and all of us have emotions running high and nerves on edge because of how much we have at stake. We're all here to support each other. I hope 2013 brings you everything you ever wanted. *hugs*


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## melandabdul (Sep 1, 2012)

MrsMwangi said:


> All medicals were done a long while back and anything that need to be checked up on or signed was done very quickly after that. I was told that nothing else needed to be sent/handed in.
> 
> We were going to wait until it hit the 18mth mark and then try and kick them up the butt to see what the hell was going on. Only because I personally know two people (english and american) whose visas took 18mths.
> 
> But, I think I will email our CO again on Thursday and ask. We're both aware that my man may need to do medicals again (simply because of the length of time we've been waiting), but apart from that I don't get what's going on either. So frustrating.


Honey you are stronger than me. I am not sure I could sit still if I was still waiting at 16 months. Are you guys apart or together?

You mentioned the people you knew who waited 18 months...were they Aus and English and Aus and American?


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## MrsMwangi (Dec 12, 2012)

melandabdul said:


> Honey you are stronger than me. I am not sure I could sit still if I was still waiting at 16 months. Are you guys apart or together?
> 
> You mentioned the people you knew who waited 18 months...were they Aus and English and Aus and American?


We're apart. I wish we were together. We haven't seen each other in 2yrs, but still as strong as ever. If anything, this has made us stronger.

The people who waited 18mths, one was American and the other English.


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## louiseb (Dec 22, 2012)

Im sat here reading Mrs M,s story and im so upset right now and i mean im welling up here, oh wow 16 months apart and they are still stronger than ever, some people would have given up by now, oh how sad i feel for you i really do, my heart goes out to you both, Surely it shouldnt take 18 months, and here,s me winging because ive being waiting since May, oh my i wish you both the best of luck, i really do.
Louise


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## kttykat (Oct 30, 2012)

MrsMwangi said:


> They waived our interview, so we haven't had one. Not sure what that means, I was hoping it was a good thing though.


I don't think you will have a problem, he owns two shops so has assets, you are working even though it is part time, if you are above the poverty line it will be OK. If you have assets then even better. I rang immigration to ask about this issue as my husband hasn't worked for a time as he was doing a degree but he had money in the bank.

Kttykat


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## melandabdul (Sep 1, 2012)

Is there a big age difference with you and your partner Louise? They seem to focus on that quite a bit.


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## louiseb (Dec 22, 2012)

melandabdul said:


> Is there a big age difference with you and your partner Louise? They seem to focus on that quite a bit.


HI hun well not really Kevin bless him is an old 55yr old lol and im a middle aged past her sell by date 45 year old, i wouldnt say im sleeping with my grandfather there,s only 10 years between us, would you say this is a worry for them.


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## melandabdul (Sep 1, 2012)

louiseb said:


> HI hun well not really Kevin bless him is an old 55yr old lol and im a middle aged past her sell by date 45 year old, i wouldnt say im sleeping with my grandfather there,s only 10 years between us, would you say this is a worry for them.


Honey I don't think this is a problem at all. I just asked cos I have seen where they have used age difference as a reason to refuse a visa...well one of the reason.

There is an age difference of 7 years with me and my love so I guess when I saw this I paid attention but I can't fathom how they can draw such a conclusion to be honest. The age difference of the couple I know got rejected and age was one of the factors it was 14 years.

Please know I am not making a judgement in asking..I am asking so I can help you understand what I know I have seen as issues with others applications.

To me age is not a factor in love.


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## MarkNortham (Dec 19, 2012)

While significant age differences (10+ yrs) are considered a "risk factor" by DIAC partner processing, it's only part of the picture - only one of the factors. Length of relationship and the quality of the relationship (as shown by evidence) are other critical factors. If sufficient evidence is provided of a genuine relationship, age alone is not a reason for refusal.


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## louiseb (Dec 22, 2012)

melandabdul said:


> Honey I don't think this is a problem at all. I just asked cos I have seen where they have used age difference as a reason to refuse a visa...well one of the reason.


 yes i know when age has a big difference they can be very strict, and to be honest it did pass through my head lol.



> There is an age difference of 7 years with me and my love so I guess when I saw this I paid attention but I can't fathom how they can draw such a conclusion to be honest. The age difference of the couple I know got rejected and age was one of the factors it was 14 years.


 wow 14 years isnt allot really when you think about it, a much older man with a younger women or vice versa i can understand but not 14 years. I think it depends on the CO and how there mind works to be honest. A very dear friend of mine used to work in the AU embassy here in Malta and once she let a visa pass through the guy was in his 70,s and the girl was only 30, but they truly did love each other, he was broke which to be honest went in the girls favour as my friend knew there wasnt a financial gain to her application.



> Please know I am not making a judgement in asking..I am asking so I can help you understand what I know I have seen as issues with others applications.


 I know your not judgemental hun and i wouldnt think bad of your comment, its a true fact your saying and yes its certainly something that i had already thought of. I thank you for your comment. At the end of the day others can learn from this post also not just me lol.



> To me age is not a factor in love.


 Age shouldnt count but unfortunatly as you have said some one was declined partly to do with age. Once again i do believe that it depends on the Co at the time.

Thank you Louise


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## louiseb (Dec 22, 2012)

MarkNortham said:


> While significant age differences (10+ yrs) are considered a "risk factor" by DIAC partner processing, it's only part of the picture - only one of the factors. Length of relationship and the quality of the relationship (as shown by evidence) are other critical factors. If sufficient evidence is provided of a genuine relationship, age alone is not a reason for refusal.


Hi Mark as usuall you always give us proffesional advice lol, i thank you. I didnt realize 10yrs+ was a factor. Both Kevin and i have 10 years between us but with all the evidence we have shown i hope its not a factor that will allow the CO to come back with a declined verdict lol. I must PM you lol.

thank you so much Mark your such a big help on this forum


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## MarkNortham (Dec 19, 2012)

Hi Louise - From the info you've shared on the forum, I don't think the age difference will be a problem in your case - all the detailed work you put in on relationship evidence will pay off, I'll bet.


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## melandabdul (Sep 1, 2012)

MarkNortham said:


> While significant age differences (10+ yrs) are considered a "risk factor" by DIAC partner processing, it's only part of the picture - only one of the factors. Length of relationship and the quality of the relationship (as shown by evidence) are other critical factors. If sufficient evidence is provided of a genuine relationship, age alone is not a reason for refusal.


Thank you Mark...this is the figure I have been trying to find out. 10 years + it is. And as I mentioned...it is not the only reason they rejected this couple...but in my mind all of the other reasons were as "flimsy"...but they must have appealed as they are now living together in Oz


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## melandabdul (Sep 1, 2012)

louiseb said:


> yes i know when age has a big difference they can be very strict, and to be honest it did pass through my head lol.
> 
> wow 14 years isnt allot really when you think about it, a much older man with a younger women or vice versa i can understand but not 14 years. I think it depends on the CO and how there mind works to be honest. A very dear friend of mine used to work in the AU embassy here in Malta and once she let a visa pass through the guy was in his 70,s and the girl was only 30, but they truly did love each other, he was broke which to be honest went in the girls favour as my friend knew there wasnt a financial gain to her application.
> 
> ...


Honey I always worry sharing information like this as I dont want you to worry as I have worried in the past...but I think I would rather know so I take the approach that you might also like to know.

Love can take many forms and they are looking from a non emotive perspective. In the end I think it is good to understand but try not to let it affect us too much as we can get ourselves really in a bind.

Mark and Boboa always bring a good balanced approach to my emotional thinking which I really appreciate.


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## louiseb (Dec 22, 2012)

melandabdul said:


> Honey I always worry sharing information like this as I dont want you to worry as I have worried in the past...but I think I would rather know so I take the approach that you might also like to know.
> 
> Love can take many forms and they are looking from a non emotive perspective. In the end I think it is good to understand but try not to let it affect us too much as we can get ourselves really in a bind.
> 
> Mark and Boboa always bring a good balanced approach to my emotional thinking which I really appreciate.


Melandabdul you never worry me with your comments i know from both you and mark sometimes my concerns are uncalled for after you both eplain things in a more rational manner. Oh boy these CO,s really dont know how much worry and stress they leave us with, lol. I would love to be a CO because i wouldnt have it in my heart to leave people worrying or stressing all the time, me i,d give em all a visa, especailly you guys.


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## baligirl (Feb 29, 2012)

melandabdul said:


> Thank you Mark...this is the figure I have been trying to find out. 10 years + it is. And as I mentioned...it is not the only reason they rejected this couple...but in my mind all of the other reasons were as "flimsy"...but they must have appealed as they are now living together in Oz


Just FYI ... my husand is Balinese, they dont have records of date of birth etc. his parents made up a date that theoretically makes him 15yrs younger than me ...lol. We have been together for 2 yrs and we have a business together in Bali and he also had spent alot of time in Oz on tourist visa. We had our 309 approved late Oct. So please dont focus too much on this as a reason for refusal....


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## melandabdul (Sep 1, 2012)

baligirl said:


> Just FYI ... my husand is Balinese, they dont have records of date of birth etc. his parents made up a date that theoretically makes him 15yrs younger than me ...lol. We have been together for 2 yrs and we have a business together in Bali and he also had spent alot of time in Oz on tourist visa. We had our 309 approved late Oct. So please dont focus too much on this as a reason for refusal....


Oh thanks for sharing this Baligirl. it is good to see the other side of the coin as I do know of people where this has been quoted as ONE of the reasons for refusal.

It just goes to show that each and every case is so very different and so are the CO's that are applying the rules to each case.

I read something very interested recently that during 2010 - 2011 69% of refused partner visa that were taken to the review tribunal by the applicants had the decision overturned by the tribunal and were remitted back to the Department. 69%!!!!!!!!!

Not this doesn't mean that they got an approved visa in the end, it just means that the reason they were rejected was seen to be unfit and overturned and the visa went back to the department to continue being processed.


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## louiseb (Dec 22, 2012)

melandabdul said:


> Oh thanks for sharing this Baligirl. it is good to see the other side of the coin as I do know of people where this has been quoted as ONE of the reasons for refusal.
> 
> It just goes to show that each and every case is so very different and so are the CO's that are applying the rules to each case.
> 
> ...


Hi Melandabdul
do you have any idea how long it takes for a refusal to be decided upon, i heard that it can take months, like starting the application all over again, imagine waiting months and months and then having a refusal and then having to wait months again. I also heard that it if refused it goes back to your CO again.


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## melandabdul (Sep 1, 2012)

louiseb said:


> Hi Melandabdul
> do you have any idea how long it takes for a refusal to be decided upon, i heard that it can take months, like starting the application all over again, imagine waiting months and months and then having a refusal and then having to wait months again. I also heard that it if refused it goes back to your CO again.


Apparently the queue is 2 years now for the tribunal. Once you go back to the department, remitted, you are prioritized at the front if queue but it still takes as long as it takes.

It was me who said I thought it went back to your CO but actually I'm just guessing that based on that fact that I don't that they would take the position of the CO had it in for you, rather there was an error in judgement at moment in time


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## louiseb (Dec 22, 2012)

melandabdul said:


> Apparently the queue is 2 years now for the tribunal. Once you go back to the department, remitted, you are prioritized at the front if queue but it still takes as long as it takes.


 OMG 2 years, jeez they must refuse a hell of a lot of people then, i didnt realize it took so long.....WOW i should try and find info on google about this would be very interesting to find out for sure.



> It was me who said I thought it went back to your CO but actually I'm just guessing that based on that fact that I don't that they would take the position of the CO had it in for you, rather there was an error in judgement at moment in time


 I wasnt sure who passed this information on to me lol i wouldnt have disclosed who any how lol even had i known. Do you think because CO,s are so busy they would make refusals just to pass the buck so to speak, because if there is a waiting list for two years ( we think) then thats a hell of a lot of people refused, oh one more thing do we have to pay for the case to be taken to the tribunal or is it a free service.

Thanks for your info as usuall its always interesting.
Louise


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## Adventuress (Jan 8, 2012)

melandabdul said:


> I read something very interested recently that during 2010 - 2011 69% of refused partner visa that were taken to the review tribunal by the applicants had the decision overturned by the tribunal and were remitted back to the Department. 69%!!!!!!!!!
> 
> Not this doesn't mean that they got an approved visa in the end, it just means that the reason they were rejected was seen to be unfit and overturned and the visa went back to the department to continue being processed.


Hi Mel, could you please post a link to this very interesting document? 69% is a pretty damn significant figure. All more ammunition against the present system 

I have read previously that the queue for the MRT is so long because the Refugee Review Tribunal and the Migration Review Tribunal share (human) resources, so with the current state of things most of them are tied up with serving on the RRT, and as a consequence few are free to serve on the MRT so the waiting period is getting longer. But two years is really ridiculous. I mean, for heaven's sake, just hire/train some more people, Government! You sure can afford it with the new price increases.

Louise, it does cost another $1540 or so to apply for review with the MRT but if your refusal is overturned and your application is remitted, then you get this money back.

Re: getting the same case officer, I think I've read that the policy is simply to send it back to the same processing centre but in practice here on the forum people have ended up with the same case officer. Perhaps because there's no one else? Or maybe for the sake of convenience/continuity. I have read that at the point that something is found to give the case officer a reason to refuse, then he/she reads no further. So when an application is remitted they must look through the rest of the application (from the point they stopped) to see if they can find any other reason on which to refuse. It would make sense for the same person to do this, but then again it's not necessary.


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## louiseb (Dec 22, 2012)

> Louise, it does cost another $1540 or so to apply for review with the MRT but if your refusal is overturned and your application is remitted, then you get this money back.


 Oh ok this price is todays price lol it may go up in the future cost of inflation....lol.



> Re: getting the same case officer, I think I've read that the policy is simply to send it back to the same processing centre but in practice here on the forum people have ended up with the same case officer. Perhaps because there's no one else? Or maybe for the sake of convenience/continuity.


 Hmm interesting. you would think that if it was sent for review then they would decide yes or no and just proceed with the application giving a acceptance or declined verdict, it seems stupid to send it back to the original post after it was them that refused your visa, and them that your not happy about. Surely if the review board takes an application on board then it would surely save time and money by handling the case from start to finish.


> I have read that at the point that something is found to give the case officer a reason to refuse, then he/she reads no further.


 So i take it if i had submitted requested papers 2 months ago and i had no reply then these papers were in order, is this correct?


> So when an application is remitted they must look through the rest of the application (from the point they stopped) to see if they can find any other reason on which to refuse. It would make sense for the same person to do this, but then again it's not necessary.


 What i dont understand is if a declined answer has being given and a person ask,s for it to be reviewed then why would the review board send it back to the original post in my case Berlin surely the review board have the right to over ride the CO,s decision obviously were they believe the CO has made a wrong choice, why not just take the application review it and stamp a yes or no on the file. Why send it back its a waste of time, money and if the CO,s are over worked why empower more work on them.

Thanks Louise


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## Adventuress (Jan 8, 2012)

louiseb said:


> Oh ok this price is todays price lol it may go up in the future cost of inflation....lol.
> 
> Hmm interesting. you would think that if it was sent for review then they would decide yes or no and just proceed with the application giving a acceptance or declined verdict, it seems stupid to send it back to the original post after it was them that refused your visa, and them that your not happy about. Surely if the review board takes an application on board then it would surely save time and money by handling the case from start to finish. So i take it if i had submitted requested papers 2 months ago and i had no reply then these papers were in order, is this correct? What i dont understand is if a declined answer has being given and a person ask,s for it to be reviewed then why would the review board send it back to the original post in my case Berlin surely the review board have the right to over ride the CO,s decision obviously were they believe the CO has made a wrong choice, why not just take the application review it and stamp a yes or no on the file. Why send it back its a waste of time, money and if the CO,s are over worked why empower more work on them.
> 
> Thanks Louise


That would be too logical for our governement! :

I think maybe the way it works is that the review board addresses the aspect of the application on which the CO chose to refuse. So they determine that that aspect is actually fine and not a reason for refusal, and then it goes back to the CO to continue reading to see if there is any other aspect that is suspicious or whatever.

But yes, I am completely with you that an application/relationship that has been looked over in all its aspects by a fresh pair of eyes and is deemed to be genuine and continuing should then be approved. While reading through the MRT cases it does actually seem as though they go through every aspect of the evidence and decide whether the application is good on the whole - so it seems totally unnecessary to add more months and more specifically more work to a system that is already bloated!


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## melandabdul (Sep 1, 2012)

Adventuress said:


> Hi Mel, could you please post a link to this very interesting document? 69% is a pretty damn significant figure. All more ammunition against the present system
> 
> I have read previously that the queue for the MRT is so long because the Refugee Review Tribunal and the Migration Review Tribunal share (human) resources, so with the current state of things most of them are tied up with serving on the RRT, and as a consequence few are free to serve on the MRT so the waiting period is getting longer. But two years is really ridiculous. I mean, for heaven's sake, just hire/train some more people, Government! You sure can afford it with the new price increases.
> 
> ...


The link to the figures I quoted come from a blog from an Australian woman who fell in love with an Asylum seeker in Australia and married him and then he was removed from the country and sent back to his dangerous 3rd world African country something like 2 years after first arriving here.

She then applied for a Partner visa for him as his sponsor which was rejected and then went through the MRT and was successful in having it remitted and then the visa finally approved. She now writes a blog which I have subscribed to as well as is writing a book about their story called Love versus Goliath : A Partner Visa Journey. She is an intelligent professional and well balanced woman who has lots of great things to share.

From her blog I also found out that you can claim compensation for cost associated with the MRT but it is hard work by all accounts to get this...the phrase blood from a stone might ring true.

Anyway the link to this story in her blog with the figures I quoted is -
Heads or tails? Are lives so unimportant? | Love versus Goliath : A Partner Visa Journey


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## melandabdul (Sep 1, 2012)

Adventuress said:


> That would be too logical for our governement! :
> 
> I think maybe the way it works is that the review board addresses the aspect of the application on which the CO chose to refuse. So they determine that that aspect is actually fine and not a reason for refusal, and then it goes back to the CO to continue reading to see if there is any other aspect that is suspicious or whatever.
> 
> But yes, I am completely with you that an application/relationship that has been looked over in all its aspects by a fresh pair of eyes and is deemed to be genuine and continuing should then be approved. While reading through the MRT cases it does actually seem as though they go through every aspect of the evidence and decide whether the application is good on the whole - so it seems totally unnecessary to add more months and more specifically more work to a system that is already bloated!


From what I have gleamed from the site I just mentioned, they pretty much stop assessing the application once they find enough reasons to reject/refuse a visa. So it is in theory rational to say that the application then needs to be sent back to continue along the process as it might have only got to be 1/2 way through the checks and measures that they do when there was enough evidence to warrant a refusal.

I am quite clear on that fact that they don't continue to look at the rest of the application to see how the rest of it stacks up. It is a case of down tools once there is a weight of proof to "satisfy" the refusal.


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## louiseb (Dec 22, 2012)

melandabdul said:


> From what I have gleamed from the site I just mentioned, they pretty much stop assessing the application once they find enough reasons to reject/refuse a visa. So it is in theory rational to say that the application then needs to be sent back to continue along the process as it might have only got to be 1/2 way through the checks and measures that they do when there was enough evidence to warrant a refusal.
> 
> I am quite clear on that fact that they don't continue to look at the rest of the application to see how the rest of it stacks up. It is a case of down tools once there is a weight of proof to "satisfy" the refusal.


This is a good thing for all of us really because if a person submitts papers and after a few days /week they hear nothing then one can automatically say that there all in order, true? I just wish they would confirm that the documents sent are good and no other information is needed. I am sure im not the only one always wondering if the papers sent are correct, saying this i had sent the Police checks off and after 3 months they wanted another another original conduct from me.....


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## melandabdul (Sep 1, 2012)

louiseb said:


> This is a good thing for all of us really because if a person submitts papers and after a few days /week they hear nothing then one can automatically say that there all in order, true? I just wish they would confirm that the documents sent are good and no other information is needed. I am sure im not the only one always wondering if the papers sent are correct, saying this i had sent the Police checks off and after 3 months they wanted another another original conduct from me.....


You could reasonably assume that but I have heard of someone having their application in for 10 months THEN getting a refusal. In the end we are at the mercy of a system that seems to have no rhyme nor reason at times. Try to just stay positive though and assume all is good until you are told otherwise. You seem like you have a strong relationship history and therefore strong case. I am sure you will be just fine...will be praying for you xxx


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