Peter Dutton: Allow my wife to be with me, don't separate us. I am Australian

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I have applied for visit visa for my wife which refused by immigration thrice. Reason for refusal was based on hypothesis that "applicant may overstay or may not leave Australia".

 

Partner Visa Application made outside Australia

Overview

Section 65 delegates are encouraged to take a fair and reasonable approach where the applicant is involved in a partner relationship with an Australian citizen or permanent resident.

Partner visa application made outside Australia

If a visitor visa applicant is the partner of an Australia citizen or permanent resident and has followed standard migration procedures by making a Partner visa migration application outside Australia, s65 delegates should facilitate short visits by the visa applicant to Australia, particularly if any of the following six scenarios apply:

the applicant is e600, eVisitor or ETA eligible or

the couple have been together for a significant period or

the couple are well established in their home away from Australia or

there are no concerns about the genuineness of the relationship or the validity of the marriage or

the applicant wishes to travel to Australia for a short visit for a special occasion or

there are compelling circumstances that justify the granting of a visitor visa (for example, family member of Australian partner seriously ill) or it would be in the best interests of a child to do so.

It is open to the s65  delegate to impose an 8503 if residual concerns exist and they are concerned that the applicant may try to change their immigration status in Australia without compelling reasons to do so. It is, however, unlikely that condition 8503 would be necessary in such cases, given that the applicant has been upfront and, having already made a permanent visa application outside Australia, is unlikely to apply in Australia and pay a second VAC. For policy and procedure, refer to PAM3: Sch8/8503 – “No further stay” condition 8503.

 Departmental policy does not support delaying decisions on FA-600 applications pending the outcome of a Partner visa application. Case officers should, however, ensure that, if an FA-600 visa is granted, the holder is made aware that, if they later satisfy criteria for grant of the UF-309 visa, they will be need to be outside Australia for the UF-309 visa to be granted.

Visa officer did not checked all the documents supplied, and keep refusing FA600 when we already have an application in progress. 

UNFAIR DECISION GIVEN ALL THREE TIMES BY VISA ASSESSING OFFICER. 

PLEASE RECTIFY SUCH ERRORS AND INJUSTICE TO AUSTRALIANS.

 



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