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Visa refused without proper reasons

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Background The applicant travelled to Australia on a four-year visa. After working in Australia for approximately two years and prior to instructing us, the applicant and his large family applied to the Department for a permanent employer nomination visa. This visa application was refused. When the Department sent the decision to the applicant it was not correctly addressed to the client and did not contain proper reasons as to why the applicant’s visa was refused. The applicant did not appeal this decision to the Migration Review Tribunal within the normally allowed time. As a result, when he did appeal to the Migration...

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De Facto Spouse Financial Aspects

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Background Our client entered Australia on a student visa and remained on various student visas for four years. While in Australia she met an Australian citizen with whom she started a lasting relationship. Although they were living in an exclusive relationship, they were not married and Immigration refused to allow the applicant to remain as a de facto spouse of an Australian citizen. (A de facto marriage is a relationship that is in all respects the same as a traditional marriage except for the absence of any official certification). Our involvement In order to prove that a de facto marriage exists the following...

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Health waiver: videotape evidence

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in Immigration Lawyers Sydney Blog

Background This is a case in which our client, her mother, two older brothers and grandfather were all nominated by our client’s father to come to Australia where he had established a successful business. They had all met the visa requirements except for one, which was that our client did not meet all the ‘public interest’ health criteria. Our client had some serious medical problems as well as some cognitive difficulties. Immigration took the view that our client would cost Australia too much in medical expenses and that she would be unlikely to get employment. Our client was given the opportunity to...

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Psychological dependence

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Background In this case our client has been included on his father’s visa application as a dependant child. As he was fifteen years old at the time the application was made this would not normally have been a problem. However, by the time Immigration made a decision on the visa application our client was well over eighteen years old. Immigration decided that he was no longer a dependant of his father and it refused his visa application. Our involvement We argued that due to the fact that our client was still in education and still being supported both financially and psychologically by his...

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Refugee case: Sri Lanka

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Background This client applied for a protection visa based on his fear of persecution in Sri Lanka. Our client had been caught between two warring sides in a civil war in Sri Lanka. As an ethnic Tamil he and his family had suffered a great deal of persecution including being beaten and having their house burnt down. He was told to fight with the LTTE “Tamil Tigers” which he refused to do and was therefore detained on a number of occasions by the Tamil rebels. At the same time he was suspected by the Sri Lankan Government of being involved with...

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Dependant children over 18

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Dependent children over 18 In this case our client originally came to Australia as a refugee from Vietnam. He had been an officer in the South Vietnamese army. After the fall of Saigon he had been put into a concentration camp, from which he eventually escaped. He was forced to leave his wife and four children in Vietnam and flee for his life. He did, however, continue to support them by sending them money over the years. Eventually his wife made an application for her and her four children, who were now all over the age of 18, to join our client in...

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Criminal conviction, illegal overstayer

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Criminal conviction, illegal overstayer In this case our client had come to Australia originally on a six month visitors visa. He faced persecution in his home country if he were to return. Unfortunately for our client he was not aware of the immigration applications available. He stayed illegally in Australia for several years after the expiration of his visitors visa. Sadly, our client was exploited by criminal elements and engaged in fraudulent activity. Our client was arrested and convicted and sentenced to three years and six months imprisonment. At the end of his criminal sentence he was transferred from prison to an...

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Visa cancellation (working too many hours)

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Background In this case our client originally came to Australia as a student but as a result of a delay on the part of Immigration, and falling ill, he was not able to complete his original course. He then applied for a further student visa which restricted his ability to work to twenty hours. Because of financial hardship our client found himself in a position in which he had to work more than the twenty hours allowed by law. Immigration became aware of this and cancelled his visa. Our involvement Our client appealed this decision and we represented him before the Migration Review...

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Compassionate circumstances: illness of uncle

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Background Our client had originally come to Australia on a visitor’s visa with an entry permit for only one month. He came to visit his uncle who had been permanently injured in an industrial accident and who suffered from a number of medical complaints as a result. As the uncle’s health was deteriorating he needed assistance and support to live. Our client remained in the country living with his uncle, caring for him, but did not make an attempt to regularise his stay until three years later when he applied for a temporary entry permit. This application was refused by Immigration...

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Spouse visa: stopping a deportation

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Background This was a case in which our client had previously received poor advice from a migration agent. As a result of this poor advice our client had applied for a temporary spouse visa in the belief that she would be eligible for temporary residency within 6 months of the application being made. The application for a spouse visa was rejected by Immigration because at the time of her application the applicant had not held a substantive visa for more than 28 days and therefore did not satisfy one of the requirements for the grant of this visa. Immigration made a...

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