Bump.

redrus

Didn't the embassy have a security camera with a picture of the person applying for the new passport ???

Apologies if this was covered earlier (no time to read whole thread).

IMHE a full on, take no prisoners, frontal FOI assault, may be best bet. (If in doubt administrators tend to refuse, apply more pressure).

FOI everything, in conjunction with supporting letters to relevant parties (start with the Minister, Ambassador, CC: Newspaper editors).

Keep a time dairy of all corespondences.

Consider collateral attacks (eg many embassys have multiple departments with different FOI officers > DFAT, DIMA etc), ATO tax records, DIMA movement records, Customs etc.

Ask if you (or your rep) can view the file in situ (sometimes you see more such as hand written side notes)

If rejected, ask for specific written reasons why, be polite, often you will get more information.

Be aware the much quoted privacy defences are often misunderstood. Watch time lines, appeal if rejected.

Don't be afraid to lodge multiple or similar FOI requests, you may be lucky with different case officer.

Can't think of anything else now, good luck.

Australia

Grounds for Divorce

The only ground for divorce in Australia is irretrievable breakdown of marriage. This is shown by separation for a period of 12 months with no prospect of reconciliation.

The 12 month separation period must be continuous OR a total period of 12 months apart, broken only by one period of reconciliation of less than three months.

PROCEDURE

An application for divorce is filed in the Family court by either or both parties to the marriage. It is only necessary for one of the parties to want the divorce.

It can relate to a marriage which occurred in Australia or outside Australia provided that either the husband or wife:

is an Australian citizen, or is domiciled in Australia, or

has been resident in Australia for one year.

The application must be filed after the 12 month period of separation has expired and is normally heard about two months after the date of the filing.

A person wishing to obtain a divorce:

can obtain a "do-it-yourself" kit from the Family Court of Australia, or use a private solicitor to act on their behalf, or

if in the Brisbane area, apply through the Legal Aid Community Divorce Scheme, or in limited circumstances, apply to Legal Aid Queensland for assistance.

When the court grants a divorce it must be satisfied that proper arrangements have been made for the welfare of the children. If there are children, one of the parents must attend court for the divorce.

Where there are no children under 18, then the parties can request not to attend on their application. However, it is usually wise for the applicant to attend.

The court, if it approves the application for divorce, issues a decree nisi at the hearing and the divorce becomes final one month later and the court sends a decree absolute in the mail. A person can not apply to remarry until they have the decree absolute.

Is it necerssary to find him?

the house is still in his name. I wonder how the assets could be divided if one partner was missing.

Why can't they issue a death certificate? It has been more than the required 7 years.

So what if someone applied for a passport in KL? I hope your lawyer hasn't been working flat out on this "mystery" all this time and still not cleared the mess up.Should be very simple to look at a passport photo and decide whether it is Michael or not. The facts in this case don't add up.

I can see 2 possibilities.

1) Michael left Oz for his own reasons. He has made a new life abroad and doesn't want to be found be someone.

2) Michael has passed away and is no longer with us.

Either way a good lawyer should be able to obtain the death certificate due to the rules of death in absentia, and Michaels ex can then proceed in selling whatever property/assets they own. Assuming Michael made a will, that document likely will explain away the mysteries.

Apologies if this was covered earlier (no time to read whole thread).

IMHE a full on, take no prisoners, frontal FOI assault, may be best bet. (If in doubt administrators tend to refuse, apply more pressure).

FOI everything, in conjunction with supporting letters to relevant parties (start with the Minister, Ambassador, CC: Newspaper editors).

Keep a time dairy of all corespondences.

Consider collateral attacks (eg many embassys have multiple departments with different FOI officers > DFAT, DIMA etc), ATO tax records, DIMA movement records, Customs etc.

Ask if you (or your rep) can view the file in situ (sometimes you see more such as hand written side notes)

If rejected, ask for specific written reasons why, be polite, often you will get more information.

Be aware the much quoted privacy defences are often misunderstood. Watch time lines, appeal if rejected.

Don't be afraid to lodge multiple or similar FOI requests, you may be lucky with different case officer.

Can't think of anything else now, good luck.

Thanks for this advice, I will pass it on to wim/Sheila.

Merry Xmas !

Chon