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jayarti
12-19-2006, 08:41 PM
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Hi there

We have a few questions in relation to our Fiancee Visa Application which is already in process for last 8 months. Below is the history and the facts:

Me (in Australia Mr. M ) and my Fiancee (in India Ms. F)


Met over internet - Sept 2004 (through matrimonial website)

Exchange of phots; tele-calls; chats; video-conferencing; families meetings in India - for about 6 Months

F applied for tourist visa March 2005 - F stated her intention to meet M for matrimonial purpose - Visa refused ! (AHC kindly advises F to apply for "appropriate visa" )

Distance-Relationship continues - for another 6 months

F applied for tourist visa Sept 2005 - F stated the intention to only meet M this time, and promised that matrimonial matter will be pursued later & not during tour - Visa Refused ! (No reason explicitly stated this time by AHC)

Distance-Relationship continues - for another 6 months

F applied for tourist visa Feb 2006 for NZ this time, only hoping that if she gets the visa she may invite M to NZ for a short trip to meet - NZ refused Visa (Absurd & irrelevant reason stated :-( ... ) ....Cont....

jayarti
12-19-2006, 08:48 PM
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Distance-Relationship continues - for another 1 months

F and M, both visits Bangkok together! March 2006 (They meet physically for the 1st time, also enters into relationship and spend weeks together;decided to marry)

F applied for Fiancee visa - April 2006 (Application made to AHC Delhi, India)
M sends all the sponsorship papers and Notice of Intended Marriage in Australia;

AHC asks for more documents (Including docs already sent;as if lost!) - May 2006 - All docs sent again immediately

Medical and PCC done - May 2006

Medical re-requested as the Panel Doctor "missed" to do blood-test! (Australian Govt Appointed Doctor in India!) - Medical re-done - June 2006

F interviewed personally by panel of 3 at AHC, Delhi - August-2006

F THINKS SHE FACED FEW PROBLEMS DURING INTERVIEW -
1. VO asked F why she didn't declare to AHC about NZ visa refusal - actually there was nothing to hide; but DIMIA never asked this before; nor was there any question about NZ visa refusal in the application-form; F had declared about OZ tourist visa refusal already; VO didn't ask F for further clarification ...Cont...

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jayarti
12-19-2006, 09:14 PM
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2. VO told F that her emails attached are too short & few; F stated to send heaps of more, as all were available, but then VO asked her not to send any more untill formally asked!
3. VO advised F to get Fiancee Visa converted into Spouse Visa by making M visit India and get married in India & apply again; VO offered to give spouse visa if F does agree VO's advice; F did not want to delay process any further; so F stated her intention to stick with plan; ie PSV already in process! VO grilled F over reasons why M not visiting F back in India for marriage in India (M's few relatives had issues with inter-caste marriage); VO explicitly expressed his dissatisfaction with F answers; F re-states the plan jointly made by F & M, to marry as booked in OZ.

Other q's @ relatn - no probs; VO said F will be informed if any more inputs required;

August; Sept; Oct; Nov 2006 - NO NEWS!

(7 months! few of our friends applying after us - got visas in 4-5 months!)

F called VO in AHC to enquire - NOV 2006 - VO says File sent to SMO already, & she CANT comment about her VISA!

F & M worried ! 2 t-visa refusals before; also VO in interview expressed -ve view of Fiancee Visa; as he was adamant about Spouse Visa only ...Cont...

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jayarti
12-19-2006, 09:29 PM
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M finally flies to INDIA & meets F again,to console her as visa not yet ready;
F & M both contact VO by email that M is visiting F in India because of desperation; also expressed willingness to do the needful (ie marrying in India as wanted by VO), anything to enable living as husband & wife in OZ;

VO acknowledged the letter, in writing! but not asked to do anything, no suggestion;
but informed they already considered all the info, & SMO will be making Final Decision soon.

M returns to Australia; F keeps waiting;

1 more month - No news!

We are still worried; does the circumstances indicate substantial chance of -ve outcome ? Would VO or SMO atleast give us 1 chance to do any needful we can do for the visa, before actually sending us a refusal letter ? (we still pray that we get a visa this time, but the facts from the past makes us worry)

8 months total!

By now, SMO has file pending for Final Decision since 2 months!

Shall we contact SMO? will that help? by phone or by email, which would be better?

Please advise what should we do at this stage?

Thanks..

F & M

B2B
12-20-2006, 04:30 AM
Hi jayarti,

Before I answer your questions I would just like to state most strongly that I believe what the CO was advising you to do was a personal opinion based on cultural beliefs rather than DIMA protocol. Saying you SHOULD marry rather than continue with the PSV application was manipulative to say the least.

I would encourage you to email the SMO setting out all the details of your relationship and what has transpired since lodging the application exactly as you have done here but making sure you include all dates. I would suggest you do that today before the AHC closes for the Christmas/New Year period.

Stress the fact that yourself and your fiance are very much in love and how desperately you wish to marry and make a life together here in Oz. Point out that the relationship has endured and not waivered despite the long separation and all the difficulties you have had to face just to be together.

I wish you both very good luck and sincerely hope that the SMO will take all the facts into consideration and grant your fiance's Visa in the very near future.

Please update us as soon as you hear anything.

bobbysingh
12-20-2006, 04:43 PM
hey i would suggest you to call them up and send ur co email too
call them around 330 pm indian time as there is not much wait
i agree with b2b dont delay the process
good luck
bobby

jayarti
01-25-2007, 12:43 AM
Dear B2B;

Thanks for your help; we indeed contacted SMO; and now after so many days/months; we received 'refusal letter'

They gave following reasons : -
1. No evidence has been provided to indicate that there are any financial aspects
to this relationship.
2.
There is no evidence of public recognition of the Applicantís relationship with
the Sponsor in her home country of India. To that extent, there is no evidence of public
recognition of this relationship amongst the Sponsorís family and friends
living in India. In the context of Indian culture, the involvement of families
from both the sides is considered very important in the weddings.
...cont....

jayarti
01-25-2007, 12:53 AM
3. There are a number of concerns on Applicantís migration history which have a very significant bearing on this
decision. She has previously tried twice to gain entry into Australia as a temporary visitor but her applications were refused on both occasions. At interview, she admitted that she had also tried to go to New Zealand on a Visitorís Visa in January 2006, her application was refused. As the Applicant failed previously to enter Australia and New Zealand, there are concerns that Applicant may have entered into this relationship to gain lawful entry into Australia.
4. At interview, the Applicant was unable to provide plausible reasons for not getting married in India despite the fact that both the families reside in India.
...cont..

jayarti
01-25-2007, 12:54 AM
5. It has been noted that the Sponsor has not returned nor has he indicated that he will come to India to meet the Applicant since returning to Australia after they met each other in Thailand.
6. In the context of Indian culture it is very uncommon for a young, single female particularly from Gujarat to make a decision to marry a male who is settled overseas after having met each other in a third country without the knowledge and involvement of their respective families.
7. could be seen as matter of her using it solely for the purpose of gaining lawful entry and subsequently permanent residence in Australia.

jayarti
01-25-2007, 12:55 AM
B2B, all of the above statements are FALSE; especially they claim that i had not visited india after visiting bangkok; they could have checked their immigration records, if they didn't believe me! B2B I think someone(s) in AHC Delhi has deliverately made mistakes and denied us a visa; please advise, what is the best step now ?
1. I am still ready to fly next week once again to India, and marry my girl; but what if they refuse Spouse visa also? That too after again after delaying for another 9 months?

Pls advise...urgent!

B2B
01-25-2007, 06:40 AM
I am so sorry jayarti that your fiance has received a refusal.

You do have the right to appeal, but will need very strong evidence to support the review. Or, as you have suggested you can fly to India, marry your girl and put together a very comprehensive application for a Spouse Visa.

I would suggest that the latter maybe be your best avenue.

I have to get to work right now, however, I will elaborate more when I return home later this afternoon.

Don't despair matey, we are here to assist you in the best way possible so that you and your fiance can be together.

B2B
01-25-2007, 02:34 PM
Ok Jayarti, I'm back home now and have much more time to anwer you more thoroughly.

If you should decide that you do want to appeal through the Migration Review Tribunal I would encourage you to read up on what is required here (http://www.mrt.gov.au/appdetails.html). I would also strongly suggest that you engage the help of professionals to put together your appeal. ASA the Migration Consulants who sponsor this Forum have a Legal Team whom I believe would prove extremly helpful in this regard.

Should you decide that you would rather go to India, get married and lodge a Spouse Visa, I would also suggest that you engage ASA to assist you. Because your fiance has had at least 3 refusals for Tourist Visas and now her PSV has been refused I truly feel you will need professional and expert guidance to try again.

If you have any questions at all in regard to the appeal or the Spouse Visa, please don't hesitate to ask.

Very good luck matey.

jayarti
02-06-2007, 02:35 PM
Hi B2B,

I am already obtaining professional and expert guidance, and going ahead with the marriage in India.

I have 2 questions, which "professionals" did not prefer to answer me, and left it for me to think -

Visas officers in New Delhi (Including VO, and SMO) made lots of mistakes in our case - .1. they took me as PR, while I am CITIZEN, .2. they said I never visited India, where as my Passport has stamps, and even DIMIA records contradict SMO's claims .3. they claimed in refusal letter that we didn't provide this and that doc etc amd that they were not sufficient, although we had sent all the docs, if they misplaced some they should have atleast asked us to send it again, rather than simply refusing visa.
I WROTE TO THE SMO COMPLAINING ABOUT THIS ERRORS, SMO REPLIED SAYING HE AGREES THERE WERE ERRORS, BUT SAYS HE WILL STILL NOT GRANT VISA AND WILL NOT REVIEW THE CASE AGAIN EVEN IF WE RESEND THE DOCUMENTS THAT COULD HAVE HELPED GET A +VE DECISION.

Should we complaint about this goof up to higher authority or to ombudsman ??
Will this help to make sure that they dont goof up again when we apply for Spouse Visa?

B2B
02-06-2007, 04:05 PM
I am very pleased to hear that you have engaged a Professional to guide you through the new Spouse application jayarti. I wish you well with your upcoming marriage.

Certainly you could take your complaints higher as you definitely have valid reasons to do so based on what you have posted here. It seems that several glaring errors were made. You could consider putting your response to the refusal in writing (incl. the SMO's reply) and sending it to the Obudsman. It would likely ensure that the same mistakes were not made again when you lodge your Spouse Visa application, however it would not guarantee a positive outcome this time.

I guess it comes down to how strongly you feel about the treatment you received and how your fiance's case was dealt with based on your supporting documents.

Whatever you do decide matey, I wish you very good luck and certainly hope that your new application will be successful.

jayarti
09-28-2007, 09:14 PM
Dear B2B

You (and this forum) has been of great use to us...

BUT, due to a problem our matter is now before a court and the matter is subjudiced.

Our lawyer has instructed us to delete / withdraw all publicly made posts/statement, while the matter is in the court now.

Can you please delete threads posted by us...? pls..

(We will re-post everything also with the final outcome, for information of other people, only after the matter is finalised.)

Thanks for your help.

Bye B2B

Jayarti