3 Year Re-Entry Ban - How to get confirmation and will it effect other countries
Jun 19th 2018, 9:15 am
#1
Just Joined
Thread Starter
Joined: Nov 2010
Posts: 5
3 Year Re-Entry Ban - How to get confirmation and will it effect other countries
Hi all,
Hoping for someone that may know the answer to this, I have searched the forum but (forunately!) there are not too many posts about 3 year bans.
My friend applied for a defacto partner visa but it was denied and her partner passed away. Its a complicated case and a pretty sad outcome but long story short after appealing to AAT, Minister and Judicial Review she was denied the visa (they all, except for the minister, had sympathy for her case but had to rule on the law as it relates to migration). After judicial review, she left the country within 28 days of the decision as the helpline at the Department told her she would not get a 3 year ban if she left in 28 days as she had been on a visa all her time in Australia, most recently bridging Visa E.
When she left Australia, at airport migration, she was told she had a 3 year re-entry ban!
She has made subsequent calls to the department helpline since then and they have said that there is no record of a 3-year ban. However they would not put it in writing.
She does not plan to come back to Australia in the near future but would like to visit her Partner's memorial at some point in the next 3 years, how does she confirm 100% whether she has a ban or not?
More pressingly, she has applied for a job on a cruise ship, she got it but needs to apply for a US and UK visa, will the 3-year re-entry ban show up on their systems or is it relevant only if she tries to come back into Australia?
I know probably I need to ask an expert, just though I'd ask on here, she already spent thousands of dollars appealing her case to no avail. It seems it shouldn't be that difficult for someone at the department to confirm whether she has a ban and put in writing if she doesn't have a ban.
If anyone knows the answers I'd be grateful to hear!
Thanks
Hoping for someone that may know the answer to this, I have searched the forum but (forunately!) there are not too many posts about 3 year bans.
My friend applied for a defacto partner visa but it was denied and her partner passed away. Its a complicated case and a pretty sad outcome but long story short after appealing to AAT, Minister and Judicial Review she was denied the visa (they all, except for the minister, had sympathy for her case but had to rule on the law as it relates to migration). After judicial review, she left the country within 28 days of the decision as the helpline at the Department told her she would not get a 3 year ban if she left in 28 days as she had been on a visa all her time in Australia, most recently bridging Visa E.
When she left Australia, at airport migration, she was told she had a 3 year re-entry ban!
She has made subsequent calls to the department helpline since then and they have said that there is no record of a 3-year ban. However they would not put it in writing.
She does not plan to come back to Australia in the near future but would like to visit her Partner's memorial at some point in the next 3 years, how does she confirm 100% whether she has a ban or not?
More pressingly, she has applied for a job on a cruise ship, she got it but needs to apply for a US and UK visa, will the 3-year re-entry ban show up on their systems or is it relevant only if she tries to come back into Australia?
I know probably I need to ask an expert, just though I'd ask on here, she already spent thousands of dollars appealing her case to no avail. It seems it shouldn't be that difficult for someone at the department to confirm whether she has a ban and put in writing if she doesn't have a ban.
If anyone knows the answers I'd be grateful to hear!
Thanks
Jun 20th 2018, 1:14 pm
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,193
Re: 3 Year Re-Entry Ban - How to get confirmation and will it effect other countries
Apply for a visitor visa and find out. If she does have a ban then it won't directly affect her ability to obtain visas for the US or the UK but she will need to answer any immigration form questions honestly, e.g. 'Have you ever been required to leave a country?' 'Have you ever been banned from entering a country?', etc..
