RRV Refused - Review?
#1
Just Joined
Thread Starter
Joined: Apr 2012
Location: Birmingham UK
Posts: 22
RRV Refused - Review?
Hi all,
I am seeking advice regarding applying for a review of a refused RRV. Apparently I cannot apply for the review, it will have to be my father who lives in and is an Australian Citizen. I made the applcation for an RRV offshore, here in the UK and I believed it would be successful based on advice given to me when I visited the Department of Immigration during my last visit to Melbourne in Dec, in fact I had all the documents necessary (except one) and I was told that I would have been granted an RRV there and then if I hadn't been lacking that one document.
So based on that visit to the Department of Immigration and being assured that at that time I would have been granted my RRV I felt confident when I submitted my application here in the UK at Australia House in London. The very next day I recieved my notification that my application had been refused. I was shocked and extremely upset. I did not realise nor understand the difference between lodging an application offshore compared to whilst onshore (I am still non the wiser because when calling and speaking to the case worker who made the decison, she just kept quoting subcall this, that and the other and it was all so confusing to me).
Anyway before I waffle on any further, I guess what I'm asking is for any advice or indication as to how likely an application for review is going to be successful in revoking the decison. I will be (or rather my Father as he has to apply for the review) emplying the services of a migration agent. Any advice would be greatly appreciated.
I am seeking advice regarding applying for a review of a refused RRV. Apparently I cannot apply for the review, it will have to be my father who lives in and is an Australian Citizen. I made the applcation for an RRV offshore, here in the UK and I believed it would be successful based on advice given to me when I visited the Department of Immigration during my last visit to Melbourne in Dec, in fact I had all the documents necessary (except one) and I was told that I would have been granted an RRV there and then if I hadn't been lacking that one document.
So based on that visit to the Department of Immigration and being assured that at that time I would have been granted my RRV I felt confident when I submitted my application here in the UK at Australia House in London. The very next day I recieved my notification that my application had been refused. I was shocked and extremely upset. I did not realise nor understand the difference between lodging an application offshore compared to whilst onshore (I am still non the wiser because when calling and speaking to the case worker who made the decison, she just kept quoting subcall this, that and the other and it was all so confusing to me).
Anyway before I waffle on any further, I guess what I'm asking is for any advice or indication as to how likely an application for review is going to be successful in revoking the decison. I will be (or rather my Father as he has to apply for the review) emplying the services of a migration agent. Any advice would be greatly appreciated.
#2
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,787
Re: RRV Refused - Review?
Hi all,
I am seeking advice regarding applying for a review of a refused RRV. Apparently I cannot apply for the review, it will have to be my father who lives in and is an Australian Citizen. I made the applcation for an RRV offshore, here in the UK and I believed it would be successful based on advice given to me when I visited the Department of Immigration during my last visit to Melbourne in Dec, in fact I had all the documents necessary (except one) and I was told that I would have been granted an RRV there and then if I hadn't been lacking that one document.
So based on that visit to the Department of Immigration and being assured that at that time I would have been granted my RRV I felt confident when I submitted my application here in the UK at Australia House in London. The very next day I recieved my notification that my application had been refused. I was shocked and extremely upset. I did not realise nor understand the difference between lodging an application offshore compared to whilst onshore (I am still non the wiser because when calling and speaking to the case worker who made the decison, she just kept quoting subcall this, that and the other and it was all so confusing to me).
Anyway before I waffle on any further, I guess what I'm asking is for any advice or indication as to how likely an application for review is going to be successful in revoking the decison. I will be (or rather my Father as he has to apply for the review) emplying the services of a migration agent. Any advice would be greatly appreciated.
I am seeking advice regarding applying for a review of a refused RRV. Apparently I cannot apply for the review, it will have to be my father who lives in and is an Australian Citizen. I made the applcation for an RRV offshore, here in the UK and I believed it would be successful based on advice given to me when I visited the Department of Immigration during my last visit to Melbourne in Dec, in fact I had all the documents necessary (except one) and I was told that I would have been granted an RRV there and then if I hadn't been lacking that one document.
So based on that visit to the Department of Immigration and being assured that at that time I would have been granted my RRV I felt confident when I submitted my application here in the UK at Australia House in London. The very next day I recieved my notification that my application had been refused. I was shocked and extremely upset. I did not realise nor understand the difference between lodging an application offshore compared to whilst onshore (I am still non the wiser because when calling and speaking to the case worker who made the decison, she just kept quoting subcall this, that and the other and it was all so confusing to me).
Anyway before I waffle on any further, I guess what I'm asking is for any advice or indication as to how likely an application for review is going to be successful in revoking the decison. I will be (or rather my Father as he has to apply for the review) emplying the services of a migration agent. Any advice would be greatly appreciated.
#3
Just Joined
Thread Starter
Joined: Apr 2012
Location: Birmingham UK
Posts: 22
Re: RRV Refused - Review?
My ties are immediate family members (parents, Brother, Grandparents) strong bond with friends I went to High school with. My compelling & compassionate
reasons for absence include an anxiety disorder preventing me from travel (I was able to provide evidence fo this from the pshychotherapist who councelled me for 4 years), getting married in '07 and then having 2 children. My passport shows the frequent visits to Australia.
I am desperate to return 'home' to Australia to be with my family and to raise my own family there.
I believe I was given incorrect information whilst at the department for immigration in Melbourne as I was told at the time that my status was that of a PR regardless of what visa I had and if it had expired, he added that once soemone is a PR through migration that it will last me my lifetime uhnless I voluntarily give it up. It is based on this information that I felt confident that my applicatoon for an RRV would be successful wether lodged in Oz or from the UK. I am just so hurt by the decision and hope that a migrant agent will take my case on believing it to be successful.
#4
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,787
Re: RRV Refused - Review?
Thank you for your reply Pollyana, I arrived in Oz as a migrant in '89 with my parents & younger Bro and lived there permanently until aged 18 when I retunred to the UK on a 5 year RRV, in 2000 I was issued a 3 month RRV and since then each time I have returned to Oz, I have done so on a tourist visa believing that myPR had expired and therefore not having a chance of being issued an RRV.
My ties are immediate family members (parents, Brother, Grandparents) strong bond with friends I went to High school with. My compelling & compassionate
reasons for absence include an anxiety disorder preventing me from travel (I was able to provide evidence fo this from the pshychotherapist who councelled me for 4 years), getting married in '07 and then having 2 children. My passport shows the frequent visits to Australia.
I am desperate to return 'home' to Australia to be with my family and to raise my own family there.
I believe I was given incorrect information whilst at the department for immigration in Melbourne as I was told at the time that my status was that of a PR regardless of what visa I had and if it had expired, he added that once soemone is a PR through migration that it will last me my lifetime uhnless I voluntarily give it up. It is based on this information that I felt confident that my applicatoon for an RRV would be successful wether lodged in Oz or from the UK. I am just so hurt by the decision and hope that a migrant agent will take my case on believing it to be successful.
My ties are immediate family members (parents, Brother, Grandparents) strong bond with friends I went to High school with. My compelling & compassionate
reasons for absence include an anxiety disorder preventing me from travel (I was able to provide evidence fo this from the pshychotherapist who councelled me for 4 years), getting married in '07 and then having 2 children. My passport shows the frequent visits to Australia.
I am desperate to return 'home' to Australia to be with my family and to raise my own family there.
I believe I was given incorrect information whilst at the department for immigration in Melbourne as I was told at the time that my status was that of a PR regardless of what visa I had and if it had expired, he added that once soemone is a PR through migration that it will last me my lifetime uhnless I voluntarily give it up. It is based on this information that I felt confident that my applicatoon for an RRV would be successful wether lodged in Oz or from the UK. I am just so hurt by the decision and hope that a migrant agent will take my case on believing it to be successful.
Posts on here by current/former agents do suggest that your PR visa would've been cancelled if you got a tourist visa - it would have been over-written and your PR status lost. I now myself for certain that the advice : once someone is a PR through migration that it will last me my lifetime uhnless I voluntarily give it up. "is wrong. Its broadly correct but there are exceptions, and those include applying for and being granted a new, temporary visa.
Definitely get a good registered agent, George Lombard, Alan Collet (Go Matilda) or Ian Harrop come to mind, and see what they advise.
Good luck
#5
Just Joined
Thread Starter
Joined: Apr 2012
Location: Birmingham UK
Posts: 22
Re: RRV Refused - Review?
Guessing a bit, bit if you just spoke to counter staff at DIAC I think the info is suspect purely because your case is unusual and almost certainly would need looking into in details.
Posts on here by current/former agents do suggest that your PR visa would've been cancelled if you got a tourist visa - it would have been over-written and your PR status lost. I now myself for certain that the advice : once someone is a PR through migration that it will last me my lifetime uhnless I voluntarily give it up. "is wrong. Its broadly correct but there are exceptions, and those include applying for and being granted a new, temporary visa.
Definitely get a good registered agent, George Lombard, Alan Collet (Go Matilda) or Ian Harrop come to mind, and see what they advise.
Good luck
Posts on here by current/former agents do suggest that your PR visa would've been cancelled if you got a tourist visa - it would have been over-written and your PR status lost. I now myself for certain that the advice : once someone is a PR through migration that it will last me my lifetime uhnless I voluntarily give it up. "is wrong. Its broadly correct but there are exceptions, and those include applying for and being granted a new, temporary visa.
Definitely get a good registered agent, George Lombard, Alan Collet (Go Matilda) or Ian Harrop come to mind, and see what they advise.
Good luck
Thanks again for your advice.
#6
BE Forum Addict
Joined: Oct 2006
Location: Adelaide
Posts: 3,162
Re: RRV Refused - Review?
The people in immigration offices are notoriously bad at giving correct information. I have been told false things as have many people I know. Sorry you had to learn this the hard way. :-(
#7
Re: RRV Refused - Review?
I think that what you were told in the immigration office was incorrect, counter staff are not known for their understanding of immigration law. So somebody got your hopes up but it sounds like it has been nearly 12 years since you last had a PR visa with a valid reentry date so it was always going to be very tricky no matter what you were told.
I am a bit confused about fear of travel being your compelling reason for being absent but them you say you have visited many times. That might be something to clear up if uou try again. I don't see what this has to do with your dad either or why he should appeal?
I think your case is tenuous to say the least, definitely needs one of the best agents out there, probably a job for George.
Good luck.
I am a bit confused about fear of travel being your compelling reason for being absent but them you say you have visited many times. That might be something to clear up if uou try again. I don't see what this has to do with your dad either or why he should appeal?
I think your case is tenuous to say the least, definitely needs one of the best agents out there, probably a job for George.
Good luck.
#8
Just Joined
Thread Starter
Joined: Apr 2012
Location: Birmingham UK
Posts: 22
Re: RRV Refused - Review?
I think that what you were told in the immigration office was incorrect, counter staff are not known for their understanding of immigration law. So somebody got your hopes up but it sounds like it has been nearly 12 years since you last had a PR visa with a valid reentry date so it was always going to be very tricky no matter what you were told.
I am a bit confused about fear of travel being your compelling reason for being absent but them you say you have visited many times. That might be something to clear up if uou try again. I don't see what this has to do with your dad either or why he should appeal?
I think your case is tenuous to say the least, definitely needs one of the best agents out there, probably a job for George.
Good luck.
I am a bit confused about fear of travel being your compelling reason for being absent but them you say you have visited many times. That might be something to clear up if uou try again. I don't see what this has to do with your dad either or why he should appeal?
I think your case is tenuous to say the least, definitely needs one of the best agents out there, probably a job for George.
Good luck.
The reason I mention my father applying for a review is because that it was is stated in the notification letter sent to me from the case worker, I do not understand the reason why I can not apply as I would be fully prepared to but for some reason (and it neglects to provide a reason) it states clearly that an application for review can not be made by myself but by an immediate family member, such as a parent, brother,cousin,aunt/uncle etc.
It is very unfortunate that the advice given to me whilst in Melbourne was incorrect and I will only go ahead with a review if an agent is confident of a successful outcome otherwise it seems I will have to revisit the possibility of applying for a different type of visa....or perhaps give up on my dream of returning to Australia.
Last edited by Want2BinOz; Apr 8th 2012 at 10:58 pm. Reason: to add further info
#9
Forum Regular
Joined: Mar 2007
Location: Luton UK
Posts: 245
Re: RRV Refused - Review?
If this link works, it should give the outcome of reviews regarding the RRV subclass 155. If you read through them you will see people who have been out side Australia for nearly 20 years successfully gain a RRV. If you had submitted your application in Australia you would have had the right to an appeal. But because you didn't, i believe you are right in that you Father can as he is an Australian citizen and in Australia. I would definitely use an agent, especially one that deals with RRV's. I did look at various RRV's my self and was told i didn't have any close ties, no family ties over there etc. But spoke to an agent and my close ties were doing nearly 9 years of schooling in Australia. The hard part as you found out is the compelling reasons for absence...
http://www.austlii.edu.au/cgi-bin/si...s%2Fcth%2FMRTA
P.S.. Did they refund the application fee or did you loose it as they you do
http://www.austlii.edu.au/cgi-bin/si...s%2Fcth%2FMRTA
P.S.. Did they refund the application fee or did you loose it as they you do
Last edited by deannos; Apr 9th 2012 at 10:00 am.
#10
BE Forum Addict
Joined: Jul 2008
Location: My happy place
Posts: 3,043
Re: RRV Refused - Review?
If this link works, it should give the outcome of reviews regarding the RRV subclass 155. If you read through them you will see people who have been out side Australia for nearly 20 years successfully gain a RRV. If you had submitted your application in Australia you would have had the right to an appeal. But because you didn't, i believe you are right in that you Father can as he is an Australian citizen and in Australia. I would definitely use an agent, especially one that deals with RRV's. I did look at various RRV's my self and was told i didn't have any close ties, no family ties over there etc. But spoke to an agent and my close ties were doing nearly 9 years of schooling in Australia. The hard part as you found out is the compelling reasons for absence...
http://www.austlii.edu.au/cgi-bin/si...s%2Fcth%2FMRTA
P.S.. Did they refund the application fee or did you loose it as they you do
http://www.austlii.edu.au/cgi-bin/si...s%2Fcth%2FMRTA
P.S.. Did they refund the application fee or did you loose it as they you do
#11
Forum Regular
Joined: Mar 2007
Location: Luton UK
Posts: 245
Re: RRV Refused - Review?
just wondering, as i'm sure it used to say a refund maybe issued for some circumstances. But just looked on line and it now states there are no refunds at all.
Last edited by deannos; Apr 9th 2012 at 11:45 am.
#12
Just Joined
Thread Starter
Joined: Apr 2012
Location: Birmingham UK
Posts: 22
Re: RRV Refused - Review?
If this link works, it should give the outcome of reviews regarding the RRV subclass 155. If you read through them you will see people who have been out side Australia for nearly 20 years successfully gain a RRV. If you had submitted your application in Australia you would have had the right to an appeal. But because you didn't, i believe you are right in that you Father can as he is an Australian citizen and in Australia. I would definitely use an agent, especially one that deals with RRV's. I did look at various RRV's my self and was told i didn't have any close ties, no family ties over there etc. But spoke to an agent and my close ties were doing nearly 9 years of schooling in Australia. The hard part as you found out is the compelling reasons for absence...
http://www.austlii.edu.au/cgi-bin/si...s%2Fcth%2FMRTA
P.S.. Did they refund the application fee or did you loose it as they you do
http://www.austlii.edu.au/cgi-bin/si...s%2Fcth%2FMRTA
P.S.. Did they refund the application fee or did you loose it as they you do
It was the case worker at the Melbourne Immigration Department who said the same as you that because people who have been out of Australia for some 20 or even 30 years, if they can gain an RRV then I shouldn't have a problem.
It makes me wonder how much of the decision to approve or refuse a visa application is not only based on the rules/regulations, subcaluses etc but also on the individual case worker looking at the application. I am not sure exactly what it is that I misunderstood but what frustrates me is that only a few months ago a case worker in Melbourne was all set to approve an RRV (had it not been for the one missing piece of evidence which was back in the UK) and now here in the UK it's a whole other outcome. I now understand this is why people employ migration agents for assistance with their applications, it is very complicated indeed.
Are you trying to migrate yourself deannos? Still considering an RRV or another visa type?
#13
Forum Regular
Joined: Mar 2007
Location: Luton UK
Posts: 245
Re: RRV Refused - Review?
Unfortunately the RRV option is the only one left for me. But its the " compelling reasons for absence" that is hard to prove and that will be accepted by the case workers. If you read through that link you will see it can be wide and varied. It looks like there is no specific definition that they go on and some previous cases are used for proof of this. I would also not qualify for a review unless I submit my application in Australia, so it could be a costly exercise just to get a no
#14
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,787
Re: RRV Refused - Review?
Thanks for the link, I will have a read through, I have been looking for examples of cases (whether successful or not) just to try to get some idea.
It was the case worker at the Melbourne Immigration Department who said the same as you that because people who have been out of Australia for some 20 or even 30 years, if they can gain an RRV then I shouldn't have a problem.
It makes me wonder how much of the decision to approve or refuse a visa application is not only based on the rules/regulations, subcaluses etc but also on the individual case worker looking at the application. I am not sure exactly what it is that I misunderstood but what frustrates me is that only a few months ago a case worker in Melbourne was all set to approve an RRV (had it not been for the one missing piece of evidence which was back in the UK) and now here in the UK it's a whole other outcome. I now understand this is why people employ migration agents for assistance with their applications, it is very complicated indeed.
Are you trying to migrate yourself deannos? Still considering an RRV or another visa type?
It was the case worker at the Melbourne Immigration Department who said the same as you that because people who have been out of Australia for some 20 or even 30 years, if they can gain an RRV then I shouldn't have a problem.
It makes me wonder how much of the decision to approve or refuse a visa application is not only based on the rules/regulations, subcaluses etc but also on the individual case worker looking at the application. I am not sure exactly what it is that I misunderstood but what frustrates me is that only a few months ago a case worker in Melbourne was all set to approve an RRV (had it not been for the one missing piece of evidence which was back in the UK) and now here in the UK it's a whole other outcome. I now understand this is why people employ migration agents for assistance with their applications, it is very complicated indeed.
Are you trying to migrate yourself deannos? Still considering an RRV or another visa type?
#15
Forum Regular
Joined: Mar 2007
Location: Luton UK
Posts: 245
Re: RRV Refused - Review?
This is also another reason why i am reluctant to apply onshore. Haven't been back for over 30 years, but still hold PR status in a way but can't return with out a valid visa. Wish i had been older at the time to make my own decisions and not believe what i was told, but that is another story......