Mr Jaspal Singh, who is the only son of Mr Gurdyal Singh, is currently on a bridging visa pending a decision on a reportedly complicated partner visa application. He had stayed on in Australia illegally for 3 weeks after his visa expired in 2013. According to an ABC report, he subsequently “applied for a new visa with his new wife but it can now only be approved by Immigration Minister Peter Dutton.”
As it stands, his current bridging visa disallows him from returning to Australia, if he leaves the country. Mr Singh's wife Mandeep Kaur, who is pregnant with their second child, told the ABC that the family was incredibly distressed.
"I am 12 weeks pregnant, I have an 11-month-old baby and my baby is suffering from kidney problems and I'm going to regular appointment with the doctor, and I can't stay overseas with the baby. We're all very upset, all the family, me, my mother-in-law, Jaspal."
Carina Ford Lawyers have lodged an appeal for ministerial intervention and the DIBP has told the ABC that it is looking into the matter.
Just last month, media, political and community pressure worked to force Minister Dutton to help keep a family together in their darkest hour. The Minister reversed the decision of an Australian High Commission case-officer, and granted visas to the family of a terminally ill Pakistani student who then died within days of his family’s arrival.
The pressure is now on again for Mr Dutton, who has been under the media spotlight for various public gaffes last year - with several calls made for his sacking.
Not sure what 'he subsequently “applied for a new visa with his new wife but it can now only be approved by Immigration Minister Peter Dutton." mean.
There is another way, depart on BVC or BVE, to take care of his family matter 'father's sudden death'.
Lodge a partner application there while in India (PIC will no longer be a problem )
Apply for a visitor visa, when ever he is able to come back, after his family matter in India.
That is the worse scenario, if the only problem for him is he is not able to travel overseas due to he is on his BVC or BVE, the he can always apply for a visitor visa, after his father's funeral, which will allow him to come back to look after his pregnant wife.
Some compassion is much needed from government quarters. Please, don't put all foreign bridging visas or partner visa applicants in the same label as those who are deliberate lawbreakers. They are not always out to manipulate the system or to stay on longer on purpose. Sometimes, it is just sheer ignorance or helplessness of the situation.
As said in my previous post, am not sure what 'applied for a new visa with his new wife but it can now only be approved by Immigration Minister Peter Dutton' mean exactly.
If the problem is he could not get a BVB to go offshore for his father's funeral, due to he is on BVC or BVE, then just leave our Minister Peter Dutton alone, he deferentially has many more important things to do.
The person can just go offshore finish what ever he needs to do there, and He can apply for a visitor visa to come back afterwords, and sure he will get one if the compelling and compassionate circumstances satisfies the Minister to intervene.
It will be a quicker, easier and cost efficient way to sort his problem out then to go to the Minister.
Australia needs tough Immigration rules are there are so many people who try to manipulate the system. Usually there is a baby involved in these stories. Pregnancy is voluntary.
Emotions can overtake rational thinking in these cases, especially the mix of babies and immigration. Pregnancy is a choice. Our immigration rules need to be tough as there are many who try to rort the system and use fake documents and emotional heart rending stories. We rarely get the full story from the media. If this case has gone to the Minister it means the visa applicant has probably been illegal without a visa. Also, often when a person with this background is given more flexibility they look for more, to try and stay here. Why not, Australia is a great place and 400,000 a year are given a visa, legitimately without using babies etc.
Having said that, if the story is correct there is probably room for a bit of flexibility. He is probably on a restrictive temporary bridging visa, given to previously illegal people to sort out their issues or go home. If there is nothing too serious in this persons background, violence etc, I would say, give him the chance, just the one. I have clients who have been in the same situation and often they have had to eventually choose to be away for a year while they wait for a visa offshore, like many other non-illegal offshore visa applicants, But this case, a dead father, yes I say a bit of flexibility would be OK.