JohnandMichelle

Hi everyone,

Just wanted to share my relief that our 136 application has gone via DHL today. A lot of you know the history of this by now, but this is our second attempt, having had our 138 application refused in March this year. This is getting on for two years now. We actually looked at the date on the TRA form last night and it was 9th September, 2003. Wouldn't it be nice if we actually had a decision on this by the 9th September, 2005. Don't we deserve a break?! Anyone else sent off/sending off their applications this week? It would be great to compare timelines. I was waiting on fresh pcc's, but I got fed up waiting on my hubbie's English one (I got mine a week ago) and decided to send them on once I get a case number (same with the fresh meds). This is costing a fortune - if we ever do get this bloody visa, we won't be able to afford the air fare to Oz! I'm hoping some kind CO will take pity on us when they see what we've been through. Yeah, right.

hayley & alan

Just out of interest - but why was it refused?

JohnandMichelle

Whenever I post about the refusal, I put the fear of God into everyone! Sorry about that, don't mean to. Our situation was very unusual. We didn't have enough points for 136 so we applied for 138 with my brother as sponsor. We had sent meds, pccs and even lodged $5K bond and then they refused us because even though my brother is my full and natural older brother, he had been adopted as a baby and so could not be classed as my "legal brother" for reasons of sponsorship. Pathetic or what?! We've had time go get over it now and move on, but we feel so strongly about it, we've decided to appeal the decision to the MRT. In the meantime, electricians have been added to MODL, so we have enough points for the 136 now, so hence the new application. Even if we get the 136, we still think we should let the appeal run, just to see if we were right. Nowhere in the DIMIA paperwork does it mention "legal sibling", etc., etc., so we feel that we have a good case. The fact remains that we have the same natural two parents and so we are full brother and sister. Anyway, I'm rambling now, but that's the gist of the refusal. That's why this new 136 is sooooo... important to us.

noregrets

[QUOTE=JohnandMichelle]refused us because even though my brother is my full and natural older brother, he had been adopted as a baby and so could not be classed as my "legal brother" for reasons of sponsorship. ...................... Nowhere in the DIMIA paperwork does it mention "legal sibling", etc., etc., so we feel that we have a good /QUOTE]


that is appalling! as an adoptee myself I would have thought that the legal sibling bit was even more apparent due to the existence of an adoption certificate issued buy a court.

Just when I think that the DIMIA has just cause for some of its unfair regulations along comes a belter that is beyond belief.

I hope you have the energy to appeal - good luck for the future

George

bex 66

Just wanted to say, really wish you the best of luck. Our application is not straight forward either, on medical grounds, but we have decided to stop second guessing DIMIA and just apply and see what the outcome is.

I can't believe you were refused because you hadn't lived with your brother, would this happen then if you hadn't lived with a parent from birth, but now wanted to migrate to them in Australia???

Absolute madness......however hopefully you will be ok now and be granted visa soonest.

Best of luck

Becky

JohnandMichelle

[QUOTE=noregrets]

JohnandMichelle

[QUOTE=JohnandMichelle]Thanks George. Did you misunderstand though? My brother was adopted as a baby by another couple, not my parents. My parents are his natural parents and I am his natural sibling. Anyway, whichever way you look at it, its unfair.

fairgoes

Hi

Just wanted to say a huge GOOD LUCK for your 2nd application. I am sure it will go your way.

We too are about to put in our second application, having been refused the first time round due to a missing document, and DIMIA not wanting to wait 2 weeks for it. So we feel your frustration and anger! and it really does hurt the wallet too! We also have the added worry of a complicated medical, but are also of the opinion, we'll never know if we don't try.

Good luck

Fairgoes

noregrets

[QUOTE=JohnandMichelle]
OOPs sorry yes I did misunderstand even so on the flip side of what I thought it is still very unfair.

all the best for your new application
george

JohnandMichelle

Thanks Becky. I think it really depends on how the law is interpreted. For instance, if you had a child adopted, you then don't have a legal relationship anymore, e.g. leaving property in a will, etc. I think our CO then interpreted it to mean that if my parents are not "legally" his parents, then how can we be "legally" brother and sister. Our argument is that why should the same law apply to siblings, we didn't have any choice in all of this. Ironically, one of the main reasons we are moving to Oz is for my brother and I to make up for lost time. Mad, isn't it!? Anyway, we'll see how the MRT interpret it. That can take anything up to about 18 months though. Thank God for the new MODL!

JohnandMichelle

Hi, yeah I remember you!! And remember thinking you were going to have to pay again as well, you poor sods! What visa class was it for again? Best of luck yourself and keep us posted on your progress. Michelle

bex 66

Ah I can sort of see their thinking, however as you say that was your parents and nothing to do with you.

I am sure that you won't have any kind of problem now with your new application, now that hubby is wanted ( so to speak).
Keep us posted, our time lines are similar, we applied end of April, and are on MODL ( I am a nurse). Medicals are booked for Aug 2nd, not too bothered about front loading ect hence the distance between date of medical and application.

Anyway good luck

Becky x

Carruss

Be careful before you do an appeal as people have said that it can take longer to sort through than actually doing the whole process again.

Also, you cannot add any new information. This is what it says on their website:

Review
If your application is not accepted, or if you disagree with the designated occupation, you may seek a formal review of the decision. A review attracts fee of AUD $300. Details on how to apply for a review are contained in the letter advising you of the decision. Any new information must be lodged with a new application.

Anyways, good luck with the application.

R.

bridiej

Good luck! Sent you some k

JohnandMichelle

Thanks R. But you've got it a bit wrong. We're actually appealing refused 138 as well as lodging new 136 - not TRA. To be honest, TRA has been the easiest bit so far - believe it or not...