Login / Join
Immigration Daily News Strange partner visa grant from the DIBP: Application wasn't even lodgedAustralian Immigration Daily News
Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
- Font size: Larger Smaller
- Hits: 8504
- 21 Comments
Strange partner visa grant from the DIBP: Application wasn't even lodged
A frightening email message from a Registered Migration Agent and member of Migration Alliance today:
"I apologise for sending this email to your email address; I was hoping to reach Liana but I cannot find her email address in my inbox.
I have had a strange visa grant come in last night. Here are the details:
I lodged an offshore partner visa application on behalf of a couple who were planning to marry within visa processing. I haven’t yet lodged a sponsorship application.
I have uploaded the following documents to the online application: applicant’s birth certificate; applicant’s passport; 4 x form 888; and a letter containing our new office contact details.
The applicant has completed the medical and has had her biometrics taken.
I am getting so frustrated with the Department’s incompetence. Another example, I had another case officer from Perth partner office last week tell me another client had to meet the 12-month relationship rule even though they have registered their relationship in NSW before I lodged the visa application.
It’s crazy that migration agents are more qualified than the people at the Department assessing visa applications.
What’s more concerning, is that given what is going on in the world with ISIS, shouldn’t case officers be taking more care with applications to protect our borders. This error could be happening at overseas posts everywhere for all we know.
I haven’t provided any of the following to the DIBP:
- The sponsor’s sponsorship application of form 40SP.
- Evidence that the sponsor is an Australian citizen (he was born in Zimbabwe).
- Evidence that the couple have met in person.
- Evidence that the couple have actually married.
- Evidence of the relationship.
- Relationship statements from the applicant and sponsor.
- Evidence of how the couple maintain contact whilst living apart.
- Police certificates from three countries.
- Form 80.
- Form 956."
Immigration blog
Wei, I do agree that the agent should have lodged the 40SP at time of visa application and, being an offshore applicant, visa expiry issues did not exist as mitigating reasons for lodging what can only be deemed a bare-bones application. That the RMA is frustrated at the level of incompetence when the same both assisted and, very likely could be applied to him/her seems more than a little ironic. Were it me, I would not put my name to it either!
I am not sure of the relevance of family violence which has certainly did not been factored into the above decision or the permanent visa would have been granted. With reference to that issue, I had a client who was granted a 801 visa after breakdown of relationship and sponsor reported same. I was asked to provide comment and sought same from client. Before receiving a response from client, and two weeks later she was granted PR based upon conversation she had with case officer- no other evidence of family violence was given.
Something to consider in all cases are the use in legislation and policy of discretionary terms such as "may" "should" "might" as opposed to the hard and fast "must". Even "must" has an element of discretion that can favour the applicant; E.G. "the Minister must be satisfied...."
Some delegates, like all of us, are more easily satisfied than others; others will never be satisfied, especially when undefined terms like genuine exist.