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Can I appeal on compassionate grounds?
Old 12th August 2015, 04:16 PM   #1
Taye
 
Join Date: Aug 2015
Location: Victoria, Australia
Posts: 1
Default Can I appeal on compassionate grounds?

Hi,

I have applied for a remaining relative family visa. My mother and two brothers (entire immediate family) are Australian citizens. My visa has been denied due to the fact that my absent father is still alive and in South Africa.

I now have 27 days until my bridging visa expires and I have to leave the country. If I go back, I will have nowhere to live, no support structure and no family whatsoever. I have become integrated into my community in Australia and am a volunteer. My family and the community has said they will write letters to the ministry in support of my appeal as well as my family.

Do I stand a chance?

Devastated...
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Old 12th August 2015, 06:03 PM   #2
nvoorst
 
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Join Date: Jan 2010
Location: Cairns
Posts: 1,071
Nick van Voorst van Beest Registered Migration Agent
MARN 0640648
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Quote:
Originally Posted by Taye View Post
Hi,

I have applied for a remaining relative family visa. My mother and two brothers (entire immediate family) are Australian citizens. My visa has been denied due to the fact that my absent father is still alive and in South Africa.

I now have 27 days until my bridging visa expires and I have to leave the country. If I go back, I will have nowhere to live, no support structure and no family whatsoever. I have become integrated into my community in Australia and am a volunteer. My family and the community has said they will write letters to the ministry in support of my appeal as well as my family.

Do I stand a chance?

Devastated...
In order to ask the Minister to intervene, you must appeal the matter first with the AAT. Because you don't meet the basic requirements for the visa, the AAT will uphold the decision.

The Ministerial Intervention request itself is quite a complicated process and you should seek professional assistance with it.

It is impossible to predict the outcome of any Ministerial Intervention request, but unless you can apply for any other type of visa, it may be your only option.
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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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