RRV Refused - Review?

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Old Apr 11th 2012, 10:17 pm
  #31  
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Default Re: RRV Refused - Review?

Originally Posted by Want2BinOz
I'm pretty certain that the guy looking at the application and the documents I had with me was going to grant the visa there and then, he spoke as though it was he who was going to make the decision, there was no talk of passing the application over to anyone else.

I remember when I was issued my previous RRV's that they were issued on the spot, face to face, that's why I was under the impression this particular person was going to also, despite the way he was also speaking - as though he was the decision maker.

Anyway, it's something I'll mention when I actually get to speak to an agent, so far it's just been emails, frustrating!
Your previous RRVs, if I remember rightly, were granted before you visited on tourist visas. Being granted a tourist visa cancels your previous visa - ie your PR. Therefore there is a very good chance that the decision would have been passed for review owing to the fact that when you were applying that last time you did not hold a PR visa. Being onshore gave you an advantage, but there is still no guarantee that it would have gone through.
If you try to travel to Australia now you will need to apply for a tourist visa or evisitor/ETA. This might be granted, but it might be marked No Further Stay - which would complicate things further. It might also indicate to DIAC that you are accepting you no longer hold PR and are willing to travel as a tourist not as a resident.

If you have a good agent with experience of winning RRV cases on appeal, take their advice and don't move anywhere without it.
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Old Apr 12th 2012, 11:33 am
  #32  
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Default Re: RRV Refused - Review?

Originally Posted by Pollyana
Your previous RRVs, if I remember rightly, were granted before you visited on tourist visas. Being granted a tourist visa cancels your previous visa - ie your PR. Therefore there is a very good chance that the decision would have been passed for review owing to the fact that when you were applying that last time you did not hold a PR visa. Being onshore gave you an advantage, but there is still no guarantee that it would have gone through.
If you try to travel to Australia now you will need to apply for a tourist visa or evisitor/ETA. This might be granted, but it might be marked No Further Stay - which would complicate things further. It might also indicate to DIAC that you are accepting you no longer hold PR and are willing to travel as a tourist not as a resident.

If you have a good agent with experience of winning RRV cases on appeal, take their advice and don't move anywhere without it.
Thanks Pollyanna. It feels like I'm in a lose/lose situation. I can't enter Australia on an RRV (obviously having my recent application rejected) and an appeal I have been informed could take 18months/2 years. I will at some point during that time be returning to Australia as I clearly want to see and spend time with family therefore I can only travel on a tourist visa.

The agent I spoke to advised me to travel to Australia and lodge another application onshore, if that one is rejected to then appeal that one.

It seems unless I apply for a completely different visa type, then I'm damned if I do visit family in the mean time on a tourist visa. If only I'd have realised a few years ago that I did have the right to apply for an RRV, then I would may never have needed to travel on a toruist visa and would have re-settled there some time ago. Just shows that people really do need to do their homework and seek advice appropriate to their individual circumstances. A lesson well learned on my part but I still have fight in me to keep trying
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