Friend Has Australian Spouse Visa Refused

[dr_Pat_Pong]

We wish him well. Chok dee na.

[david96]

The hearing was held with the MRT. This is only some of what occurred at the hearing as related by the sponsor.

The defence used by the sponsor was as follows, hearings are held under oath as in a formal court.

1 The first sponsorship should not be taken into consideration as it was terminated after 30 days. This was the sponsorship that required the waiver there were other factors involved also.

2 After considering documentation supplied by all parties the sponsor was asked if there was any reason (if the MRT hearing was unsuccessful) why he could not go and live in Thailand with his wife.

3 He stated that he was not a citizen of that country and he was an Australian citizen and if he was to live permanently in Thailand he would be subject to the immigration requirements which he explained. He also stated that he would have to renounce all his political, economic, and social ties with his home country.

4 They then concentrated on the strength of the relationship and questioned his wife through an interpreter, he was also heavily questioned on the relationship also.

5 They the concentrated on how his marriage would be affected if he could not live in Thailand, he replied that he would have to travel between Australia and Thailand on short term visas which would be expensive and not very practical.

He also mentioned that it was a "human right" that a person should be able to live with his wife in his own country. They concentrated on his ties with Australia implying that there was no reason why he could not live in Thailand as all his family are dead. His wife was asked as to whether the marriage was one of convienience to which she replied "no" as she owned property in Thailand. The sponsor was also asked whether he held property in Thailand he replied "no, all property belongs to my wife and her family, and a foreigner cannot own land in Thailand".

All these facts were documented by the MRT member. The result should be known within one month. He regards his chances as about 55% of a favourable result.

[david96]

The MRT made their decision. The 1.20J rule was waived due to "compelling reasons". The visa can now be processed.

[Livinginexile]

The MRT made their decision. The 1.20J rule was waived due to "compelling reasons". The visa can now be processed.

Wow what a fantastic outcome for your friend.

Now he can go through the normal processing procedures.

Do you thing he could be discriminated against during this process?

[sezzo]

Well done to all involved. Good result. Sounds like a lot of hard yakka done by all involved.

Good luck for the future.

[tracer]

I agree, make a lot of noise and see what happens if it is a genuine relationship. But the law is the law and his previous attempts that have failed might also be held against him anyway...............................

Look at their side: they got now 2 extra Thais living in Australia....

[david96]

His wife received her 309 visa first week in December, the final process took 30 days including a new medical and police certificate

Total time 19 months and costs of about AUD 5000.

[jasl45]

His wife received her 309 visa first week in December, the final process took 30 days including a new medical and police certificate

Total time 19 months and costs of about AUD 5000.

worth every cent, congratulations all round to your friend and to you great post.

[Old Croc]

Congratulations to the couple involved.

I read the MRT decision, and I think they were a little lucky with the "Compelling Circumstances", but they seem to be a genuine couple and the result was best for all.