Today is a proud day - I have finally had enough of waiting for my wife’s visa - this is my letter to the Department of Home Affairs.

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I, Tran Phong Vu Phan, would like to make a formal complaint regarding the processing of our AAT case.

 

Firstly, I would like to note the following explicit details and complaints.

- My wife and I have been awaiting a decision from the AAT since November 13th, 2018. It is now the 3rd of March, 2020 - approaching 15 months since I first lodged an appeal with the AAT.

- Since that time, I have visited Vietnam twice. I am now legally married to my wife and have provided the marriage certificate and photo evidence to assist your decision process.

- I have provided increasing amounts of evidence to address the issue of "genuinity of our relationship" to the Dep. of Home Affairs and the AAT.

- The extensive processing time for the visa refusal has hindered our future. Like any other couple, we would like to settle down together in one place and start living together. If I must, I will make the decision to live together without any decision from the AAT. The decision is to withdraw and move my life and my skills overseas to Vietnam. I will without doubt move overseas if I am forced to wait further for a decision from the AAT. I love my wife and I will do whatever it takes for us to be together. I no longer have faith in the Australian Immigration System - it is time consuming, emotionally draining and has ultimately destroyed my future with my wife.

- My relatives and friends who know my wife and myself are shocked that we have been made to wait - I have the support of many friends and colleagues whom will gladly attend court to support my argument. They have all seen my relationship from the beginning and have seen the effect of the Department’s decision on our future.

- I cannot describe my level of disappointment with the Dep. of Home Affairs and the AAT processing system. It is ridiculous that a couple like ourselves should be made to wait for a decision - I am more than willing to prove the genuineness of our relationship if you were to contact me - I have no doubts in my relationship with my wife. It is genuine and therefore, I am unfathomably disappointed.

 

Ensure that this is noted above all else:

I will not hesitate to take the AAT and Dep. of Home Affairs to a court of law, in further pursuing my case with the AAT - I am currently in discussion with a law firm who specialise in immigration court cases. The AAT and Dep. of Home Affairs should expect a letter from my lawyer if no response is given regarding our AAT case by June. Legal action will be pursued by June - I have had enough of being treated "as a number".

 

I require the following responses from the Department of Home Affairs.

- A response or decision is made for our case prior to June, 2020.

- That the AAT and Department of Home Affairs heed this complaint seriously and with due diligence.

- That some response is given regarding our case. I will not accept "your case is still in the backlogs" - we have waited long enough.

- That the AAT and Department of Home Affairs note with due diligence that I will pursue the case in court with the assistance of migration lawyers, if the above actions/results are not met or answered.

- I will absolutely and without hesitation - contact the Commonwealth Ombudsman to escalate this complaint - if the complaint is not respectfully considered and issues amended.

- I have contacted media channels, 7News and A Current Affair, with my story - they have confirmed in writing that they will be making this case public and are willing to show my interview with them on national television - I will reveal all information without hesitation. I have not made the decision to publicise my case - if an appropriate response is not provided regarding the above complaints - I will publicise my interview on national television.

 

Please take this complaint with absolute respect and seriousness.