Section 48 Barred - HELP!

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Old Dec 17th 2009, 11:50 am
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Default Section 48 Barred - HELP!

Hi All,

After some (poor) advice from a very nice lady at DIMMI, we decided to apply for a dependant age parent visa to bring my wife's mum over to live with us in OZ.

After having the visa app turned down, on advice from a migration specialist (who thought DIMMI were unfair with their decision!) we re applied for a non-contrib parent visa which has been refused because of a Section 48 Barred clause.

Has any one had this happen to them? and more importantly is there anything we can do to keep her here? (DIMMI have given her 2 days to leave - and yes it is Christmas this week!). The kids are devastated!

PS My wife and I came over on PR (thanks to Alan Collette & Co) and we are now citizens.

Any advice is appreciated

Thanks
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Old Dec 17th 2009, 8:50 pm
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Default Re: Section 48 Barred - HELP!

Originally Posted by ButlerPCs
Hi All,

After some (poor) advice from a very nice lady at DIMMI, we decided to apply for a dependant age parent visa to bring my wife's mum over to live with us in OZ.

After having the visa app turned down, on advice from a migration specialist (who thought DIMMI were unfair with their decision!) we re applied for a non-contrib parent visa which has been refused because of a Section 48 Barred clause.

Has any one had this happen to them? and more importantly is there anything we can do to keep her here? (DIMMI have given her 2 days to leave - and yes it is Christmas this week!). The kids are devastated!

PS My wife and I came over on PR (thanks to Alan Collette & Co) and we are now citizens.

Any advice is appreciated

Thanks
Speak to an Agent. Now.

If your M-I-L has been given 2 days to leave the country, you should be seeking professional advice, not asking questions on an Internet forum.

Good luck

Steve
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Old Dec 17th 2009, 9:21 pm
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Default Re: Section 48 Barred - HELP!

Originally Posted by ButlerPCs
Hi All,

After some (poor) advice from a very nice lady at DIMMI, we decided to apply for a dependant age parent visa to bring my wife's mum over to live with us in OZ.

After having the visa app turned down, on advice from a migration specialist (who thought DIMMI were unfair with their decision!) we re applied for a non-contrib parent visa which has been refused because of a Section 48 Barred clause.

Has any one had this happen to them? and more importantly is there anything we can do to keep her here? (DIMMI have given her 2 days to leave - and yes it is Christmas this week!). The kids are devastated!

PS My wife and I came over on PR (thanks to Alan Collette & Co) and we are now citizens.

Any advice is appreciated

Thanks
Dear Butlers,

S.48 of the Migration Act has been there since the dawn of time and no self-respecting "specialist" could advise you otherwise. But you do need professional advice, and quickly. We're in Sydney and I can arrange an appointment for you today with our Melbourne office, if that helps.

Cheers,

George Lombard
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Old Dec 17th 2009, 11:20 pm
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Default Re: Section 48 Barred - HELP!

Hi Guys,

Thanks for the replies - Yes will are seeking professional advice today - which is what we thought we had with our Migration Expert.

Steve if you notice the time I posted there are not many places you can get expert advice at that time of the night in Perth - though this forum I hoped would be a good start.

Thanks for the advice guys I'll keep you informed as to the progress - and perhaps use the forum to temper any advice we are given!

Regards

Butlerpcs
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Old Dec 18th 2009, 12:16 am
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Default Re: Section 48 Barred - HELP!

Originally Posted by ButlerPCs
Hi Guys,

Thanks for the replies - Yes will are seeking professional advice today - which is what we thought we had with our Migration Expert.

Steve if you notice the time I posted there are not many places you can get expert advice at that time of the night in Perth - though this forum I hoped would be a good start.

Thanks for the advice guys I'll keep you informed as to the progress - and perhaps use the forum to temper any advice we are given!

Regards

Butlerpcs
Your "Migration Expert". Was this a MARA registered agent?

I would seriously consider speaking to George Lombard's office in Melbourne. Even if you can only speak via telephone or eamil. Strictly on a personal note, I would trust George's advice any day. He's very good at what he does.
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Old Dec 18th 2009, 1:24 am
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Default Re: Section 48 Barred - HELP!

Originally Posted by Dorothy
Your "Migration Expert". Was this a MARA registered agent?

I would seriously consider speaking to George Lombard's office in Melbourne. Even if you can only speak via telephone or eamil. Strictly on a personal note, I would trust George's advice any day. He's very good at what he does.
Hi Dorothy,

Thanks for the plug but honestly if they've lodged one failed application already and then purported to lodge another in spite of s.48 then I'd rather not deal with them remotely unless absolutely necessary. Didn't know where they were initially. DIAC will take a stern view and you'd need to deal with the local compliance people to get any kind of extension, so best if they find someone like Steve O'Neill in Perth .

Cheers,

George Lombard
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Old Dec 18th 2009, 1:56 am
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Default Re: Section 48 Barred - HELP!

Hi Dorothy, George,

Thanks for your replies, Yes our expert is MARA registered - the only one in our local area we could find - my MIL cannot drive and her arthritis is playing up at the moment.

George do you have contact details for Steve?

My migration agent has told us she will now have to leave Oz but if we go in person to the Complience Officer in Perth and make a case we should be able to have her stay until after Xmas.

Q - If she goes on Holiday to Bali say - with a section 48 bar in place can she come back in on an electronic tourist visa?

Will the section 48 Bar remain in place - or can we re-apply while she is on the visitor visa?

Just looking at possibilities

Thanks all
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Old Dec 18th 2009, 2:09 am
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Default Re: Section 48 Barred - HELP!

Originally Posted by ButlerPCs
Hi Dorothy, George,

Thanks for your replies, Yes our expert is MARA registered - the only one in our local area we could find - my MIL cannot drive and her arthritis is playing up at the moment.

George do you have contact details for Steve?

My migration agent has told us she will now have to leave Oz but if we go in person to the Complience Officer in Perth and make a case we should be able to have her stay until after Xmas.

Q - If she goes on Holiday to Bali say - with a section 48 bar in place can she come back in on an electronic tourist visa?

Will the section 48 Bar remain in place - or can we re-apply while she is on the visitor visa?

Just looking at possibilities

Thanks all
@Butlers - sounds like a slow train wreck waiting to happen if she'd fail the medicals anyway, can you just call me on 02-97990085? I'll give you initial triage before referring you on.

Cheers,

George Lombard
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Old Dec 18th 2009, 4:39 am
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Default Re: Section 48 Barred - HELP!

Thank-you to Steve O'Neil George Lombard and Alan Collette for your help and advice.

We now have a plan of action that may not be quite what we wanted but should at least get us to our goal of getting my wife's mum to Oz permanently.

Your time and advice has been invaluable and much appreciated.

Have a great Xmas and thanks again
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Old Dec 18th 2009, 5:02 am
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Default Re: Section 48 Barred - HELP!

Originally Posted by ButlerPCs
Thank-you to Steve O'Neil George Lombard and Alan Collette for your help and advice.

We now have a plan of action that may not be quite what we wanted but should at least get us to our goal of getting my wife's mum to Oz permanently.

Your time and advice has been invaluable and much appreciated.

Have a great Xmas and thanks again
Wonderful news. Hope everything works out for you in the end.
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