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Papion

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  1. Thank you. If this case ends up attending in a court, will I have to pay for the adjudication including IMMI lawyers if I lose the case?
  2. Hi Thanks for reply, My assessment is same. I should wait to see what they decide. I predict they will object to the matter. I will keep you informed.
  3. Hi Guys Just to give you an update I received this email today: Dear Deputy Registrar We confirm that we act for the Respondent in this matter. xxx, of Clayton Utz, Canberra, will have carriage of the matter. xxx's direct line is (02) xxxxxxxx and email address is xxxxxxxx.com. We note that our advice on the Extension of Time application was due on 11 June 2019. In circumstances where the Respondent's representatives have just been engaged, we will provide this advice as soon as possible. The Applicant has been cc'd into this email. If you have any queries please do not hesitate to contact xxx. Kind regards, Any idea? Helpful comments will be appreciated
  4. Thank you guys for your comments. Sorry I forgot to mention marriage certificate in the list. I already attached this too. In that cover letter I also stated if she needs to have any specific amount of cash in her own account I can deposit this as well. Just about insurance I mentioned because I still do not know when exactly she will be here, I can not insure her now but I will do that as soon she arrives here. Cheers
  5. Hi I am not sure if I am writing in the right topic, just to give an update for my wife's 600 visa. We lodged her family sponsor visitor visa a week ago. These are the documents I attached to her application: 1. A 4 month bank statement that shows her regular salary payment, although it is not much when converted to Aus $. 2. Payslip. 3. A letter from employer confirming her employment. 4. A letter from employer confirming her request for 1 year leave agreed. However during this one year there will be no payment and employer pays only medical insurance and super. 5. From 1149 for me. 6. To present my financial statues I got a letter from employer declared I am a full time employee with xx salary. 7. A cover letter from her explaining she is comming to visit me and to get familiar with new environment while visa 309 is in process. 8. A cover letter from me declaring I have invited her to Australia and that I commit to pay all her cost and as soon she gets here I will establish her medical insurance as well. So basically I submitted all the "required" tagged Docs plus 2 cover letters. Do you have any idea of any missing Docs or additional Doc to concrete the application? Thanks for your comments before.
  6. @ AFV Thanks for your comments. When you keep saying that I left Australia 2 days after meeting citizenship requirement (Although it was more than that) I really doubt if you have read my previous comments. I did not leave Australia to go for a holiday. I had to leave to somehow save my life. It seems you still don't have a perfect perceiving form my condition then but there are ppl who can testify that. I really hope that in that hearing session or court I will be envisaging understandable ppl who listen carefully to what had happened and not some pre-programmed robots! If in the first minute of that session I feel it is going to be so I will just walk out.
  7. It is really interesting that when I said for me being here is the best proof that I intended to reside here you said what has happened after that decision does not apply to the decision that was made in that time based on the circumstances that I had then, But then you keep repeating that after that time I returned once in 2016 and ..... Ok what then? can what has happened after that decision be referred to as a base to judge on that decision or not? From my understanding and based on what you said before and now saying something opposite to that, AAT will review the decision exactly based on the condition then and not what has happened afterwards. Yes I am living here now but it was supposed to happen long time ago.
  8. I think there is a deep misunderstanding here. When I said aggressive I didn't mean aggressive to ppl here, what would be the point of doing that? I simply meant I did not make very official and softened comments here as this is not the actual hearing or court meeting here. Again, I am not a lawyer but as you emphasize on lacking a ground for appeal I have to re explain a few points: 1. Likely to reside, or 2. continue to reside, in Australia or 3. to maintain a close and continuing association with Australia (s21(2)(g)) My question is very simple and does not need to get interpreted by a lawyer or anyone else: Why did he say that he was not satisfied that I would 1. Likely to reside, or 2. continue to reside, in Australia? When Law says : The application (Forms 1300t and 1290) contain a declaration which refers to an intention to reside, or continuing intention to reside, in Australia, or to maintain a close and continuing association with Australia. This declaration would generally be sufficient evidence of the applicant’s intentions unless there is evidence to the contrary. I provided this statement and declared and signed this. So the ground is not that much complicated. Nowhere in law says that I can not leave Australia for 2 years, after approval of my citizenship occurs. The fact that I honestly mentioned I was going to leave Australia for 2 years did not mean that I was not coming back. The law declares This declaration would generally be sufficient evidence of the applicant’s intentions unless there is evidence to the contrary. What exactly he found contrary to my statement? I explain everything point to point and all documented but you have just kept saying "There is no ground". Are you yourself a lawyer? If yes can you explain it to me what exactly you mean by "Ground"? And once again I really appreciate your comments specially if they are not just some general vague repetitive statements. As an example you can specifically answer my questions above. Cheers
  9. @Nightcall Thanks for your comments, of course I wont use the exact same word in hearing session. I just mixed it with some aggressive statements here. Any other idea? I appreciate your corrective points here but mostly you reject my statements but don't offer any better? Cheers
  10. Thank you again for the time you all spend on posting these valuable comments here. I really appreciate that. Actually as some of you guys are very focused on each section of the requirement for citizenship I have to rephrase some points and go a bit dipper to the issue. I am not a lawyer so please correct me if I am wrong. First of all lets see what officer asked me to provide: I am writing regarding your application for Australian citizenship. To enable the processing of your application, you are required to provide the documents as listed below: Please provide evidence that you are likely to reside, or continue to reside, in Australia or to maintain a close and continuing association with Australia (as required under s21(2)(g) of the Australian Citizenship Act 2007). Applicants are required to satisfy this requirement for conferral of Australian citizenship. As you are applying from offshore you must provide substantial evidence in this regard. Factors that may contribute to a close and continuing association with Australia include but are not limited to: 1. evidence that the person migrated to and established a home in Australia prior to the period overseas 2. Australian citizen children. If applicable, please provide full birth certificates. 3. long term relationship with Australian citizen spouse or de facto partner. If applicable, please provide a marriage certificate or evidence of your de facto relationship such as joint bank accounts, evidence you reside at the same address, third party statements attesting to your relationship etc. 4. extended family in Australia 5. regular return visits to Australia 6. regular periods of residence in Australia 7. intention to reside in Australia. If not already provided, please provide a signed statement confirming your intention to reside in Australia. 8. the person has been on leave from employment in Australia while accompanying their spouse or partner overseas. If you are currently offshore for work, please provide an employment letter or contract confirming your return date to Australia. 9. ownership of property in Australia 10. evidence of income tax paid in Australia over the past four year and 11. evidence of active participation in Australian community based activities or organisations. If you have any evidence beyond the above list please also provide this information. This documentation is required as evidence that you are able to satisfy the requirements of the Australian Citizenship Act 2007. Now lets see what law says: 31.4 Likely to reside, or continue to reside, in Australia or to maintain a close and continuing association with Australia (s21(2)(g)) Factors that may contribute to a close and continuing association with Australia include: 1. Australian citizen spouse or de facto partner 2. Australian citizen children 3. length of relationship with Australian citizen spouse or de facto partner 4. extended family in Australia 5. return visits to Australia 6. periods of residence in Australia 7. intention to reside in Australia 8. employment in Australia (for example, public or private sector) • ownership of property in Australia 9. evidence of income tax payment in Australia and 10. current bank accounts in Australia. The application (Forms 1300t and 1290) contain a declaration which refers to an intention to reside, or continuing intention to reside, in Australia, or to maintain a close and continuing association with Australia. This declaration would generally be sufficient evidence of the applicant’s intentions unless there is evidence to the contrary. As you can see there are 3 OR to satisfy this section: 1. Likely to reside, or 2. continue to reside, in Australia 3. or to maintain a close and continuing association with Australia. This means if I can meet each of these 3 I will be eligible to proceed with next section. Now Lets have a look at what officer wrote in his decision letter: Paragraph 21(2)(g) provides that a person must be likely to reside in, or continue to reside in Australia, or to maintain a close and continuing association with Australia if the application is approved. Satisfied Not Satisfied Not assessed I find that you are not likely to reside in Australia or maintain a close and continuing association with Australia if your application were approved. This requirement has three components and I must assess your circumstances against each of these to determine whether you are able to meet this criteria: a. Are you likely to reside in Australia if your application were to be approved; or Firstly, I find that you are not likely to reside in Australia. You have been residing in xxx since your last departure from Australia on 31 October 2014. In your applicant statement you advised that the reason for your absence was to spend more time with your family due to your health and you have provided a letter issued by a clinical psychologist to support this. Initially you provided no additional information with your application to show you intended to return to Australia. Upon request by the department you provided evidence of tax paid in Australia between 2011 and 2014, a membership certificate for the Institution of Engineers Australia issued in 2011, and a signed statement. You are currently residing in xxx, your country of origin, and you have given no evidence of active steps you are making to return to Australia. Your evidence of tax and a membership do not indicate that you intend to return to Australia to reside in the future. You have provided no evidence of your intended return date, only a statement th.a.I you someday wish Ie return to .A.ustra!!a aft=r your r=sc •=ry in !ran and potentially after further study in the UK. You have provided no further substantial evidence to show that you will in fact return to Australia as you claim. This is not supportive of you returning to Australia in the near future to take on the responsibilities of Australian citizenship. b. Would you continue to reside in Australia if your application were to be approved ; or Secondly, I find that you will not continue to reside in Australia. You have not resided in Australia since 31 October 2014. Based on the information you have provided it appears that you are residing in xxx where you appear to have strong family connections. You have not provided a date when you intend to return to Australia to reside permanently. I am not satisfied that you will continue to reside in Australia. c. Will you maintain a close and continuing association with Australia should your application be approved. Lastly, I find that you are unlikely to maintain a close and continuing association with Australia if your application were approved. Chapter 5 of the Australian Citizenship Instructions (ACls) provides guidance in factors that may contribute to a close and continuing association with Australia: 5.7.2 Maintain a c/ose and continuing association with Australia Factors that may contr/bofe to a c/ose and continuing association with Australia include: • Australian citizen spouse or de facto partner • Australian citizen children • length of relationship with Australian citizen spouse or de facto partner • extended family in Australia • return visits to Australia • periods of residence in Australia • intention to reside in Australia • employment in Australia (for example, public or private sector) • ownership of property in Australia and • evidence of income tax payment in Australia Of the above list of factors that can demonstrate a close and continuing association with Australia you have only provided a statement regarding your periods of residence and intention to reside in Australia. You have not provided any substantial evidence beyond the above list to show a close and continuing association with Australia. You have provided the following supporting documentation with your application: letter from a clinical psychologist, Australian bank statement, applicant statement, Australian tax documentation, Institution of Engineers Australia membership certificate. I accept that you are a member of the Institution of Engineers Australia. However, you have not provided any substantial evidence of future employment in Australia, or how active your membership is while you are overseas. I accept that you have spent considerable time in Australia previously. However you have not returned to Australia at all since your last departure on 31 October 2014. I accept that in the past you resided in Australia; however I find that this evidence is insufficient to show that you will maintain a close and continuing association with Australia into the future. I find that you do not meet the requirement set out in paragraph 21(2)(g) as you have not provided evidence that you will return to reside in Australia in the future, and you have not provided sufficient evidence to show that you will maintain a close and continuing association with Australia. Ok. Please go back to the items he asked me to provide in his email. As you can see there are 11 items. From those 11 items , all apart from items 1, 7 are to satisfy the third OR above (or to maintain a close and continuing association with Australia.). Ok I imagine with the documents I provided I could not satisfy this OR. There are still 2 other ORs 1. Likely to reside, or 2. continue to reside, in Australia. The remaining items in his emails which are 1 and 7 seems to be requested these two remaining ORs. Lets see again what law says : The application (Forms 1300t and 1290) contain a declaration which refers to an intention to reside, or continuing intention to reside, in Australia, or to maintain a close and continuing association with Australia. This declaration would generally be sufficient evidence of the applicant’s intentions unless there is evidence to the contrary. I was never asked to provide these two forms however i provided a statement and signed it that I will return to reside in Australia as he requested in item 7 of his email. According to this description this will be what i will say in that hearing session or court if there will be any. Sorry i have to rewrite his letter below and i write my answer to each item in blue: Paragraph 21(2)(g) provides that a person must be likely to reside in, or continue to reside in Australia, or to maintain a close and continuing association with Australia if the application is approved. Satisfied Not Satisfied Not assessed I find that you are not likely to reside in Australia or maintain a close and continuing association with Australia if your application were approved. This requirement has three components and I must assess your circumstances against each of these to determine whether you are able to meet this criteria: a. Are you likely to reside in Australia if your application were to be approved; or Firstly, I find that you are not likely to reside in Australia. You have been residing in xxx since your last departure from Australia on 31 October 2014. In your applicant statement you advised that the reason for your absence was to spend more time with your family due to your health and you have provided a letter issued by a clinical psychologist to support this. Initially you provided no additional information with your application to show you intended to return to Australia. Simply because initially i was not asked to .Upon request by the department you provided evidence of tax paid in Australia between 2011 and 2014, a membership certificate for the Institution of Engineers Australia issued in 2011, and a signed statement. Just saying this shows how knowledgable you are in your job! Apart from "a signed statement" other items according to the law are not intended to satisfy my intention to reside in Australia. There are intended to satisfy the third OR which is "to maintain a close and continuing association with Australia" You are currently residing in xxxx, your country of origin, and you have given no evidence of active steps you are making to return to Australia. Your evidence of tax and a membership do not indicate that you intend to return to Australia to reside in the future Agree Agree, so why do you mention them here Sir? you can not use these items to dissatisfy me for this section can you?. You have provided no evidence of your intended return date, only a statement th.a.I you someday wish Ie return to .A.ustra!!a aft=r your r=sc •=ry in !ran and potentially after further study in the UK. You have provided no further substantial evidence to show that you will in fact return to Australia as you claim. This is not supportive of you returning to Australia in the near future to take on the responsibilities of Australian citizenship. First of all I was never asked to provide an exact date to return, secondly your knowledge from depression is not probably enough to understand that it is not like a surgery with specified date to introduce to hospital and specified date to release from hospital. I had to wait until my psychologist confirmed I was fully recovered and there would not be any risk of it to relapse, instead you could give me a deadline to return right? b. Would you continue to reside in Australia if your application were to be approved ; or Secondly, I find that you will not continue to reside in Australia. You have not resided in Australia since 31 October 2014. Based on the information you have provided it appears that you are residing in xxx where you appear to have strong family connections. You have not provided a date when you intend to return to Australia to reside permanently. I am not satisfied that you will continue to reside in Australia. Really? Your prediction was probably wrong wasn't it? I had not resided in Australia since 31 Oct 2014 because I was expecting to get my citizenship to pursue my plans as stated completely honestly. And my expectation was based on the information the Dep gave me before I left Australia, there are three persons who can testify this if needed. You could at least tell me i had to cancel my plans and return. Then, Is that so strange for you that I have a strong family connection!? How had I already lived for 4 years in Australia with this "Strong Family Connection" How would this " Strong Familt Connection" made me incapable of living in Australia. Yes because of this "Strong Family Connection" I had many plans to bring them over for a tour here that never happened. About the date, Again I was never asked to provide you with a date OK? BTW what are those forms in: "The application (Forms 1300t and 1290) contain a declaration which refers to an intention to reside, or continuing intention to reside, in Australia, or to maintain a close and continuing association with Australia. This declaration would generally be sufficient evidence of the applicant’s intentions unless there is evidence to the contrary." Why did you never ask me to fill out and send these? What exactly did you find contrary to this ? After 4 years as you can see your "finding" in that time was absolutely wrong you just ruined 4 years of my life and the plans that i had. This was what exactly your " finding" did. c. Will you maintain a close and continuing association with Australia should your application be approved. Ok lets imagine I could not meet the required criteria to meet this so I am not going to argue this much Lastly, I find that you are unlikely to maintain a close and continuing association with Australia if your application were approved (Maybe I should have shown you the correspondence I had to a land seller in Australia in that time to buy a land and make a farm that was ruined by this decision too.) Chapter 5 of the Australian Citizenship Instructions (ACls) provides guidance in factors that may contribute to a close and continuing association with Australia: 5.7.2 Maintain a c/ose and continuing association with Australia Factors that may contr/bofe to a c/ose and continuing association with Australia include: • Australian citizen spouse or de facto partner • Australian citizen children • length of relationship with Australian citizen spouse or de facto partner • extended family in Australia • return visits to Australia • periods of residence in Australia • intention to reside in Australia • employment in Australia (for example, public or private sector) • ownership of property in Australia and • evidence of income tax payment in Australia Of the above list of factors that can demonstrate a close and continuing association with Australia you have only provided a statement regarding your periods of residence and intention to reside in Australia. You have not provided any substantial evidence beyond the above list to show a close and continuing association with Australia. You have provided the following supporting documentation with your application: letter from a clinical psychologist, Australian bank statement, applicant statement (I am really sorry that you dont even know this item is not applicable for this OR, this is to satisfy the other 2 ORs,) Australian tax documentation, Institution of Engineers Australia membership certificate. I accept that you are a member of the Institution of Engineers Australia. However, you have not provided any substantial evidence of future employment in Australia, or how active your membership is while you are overseas( Did you really asked me to provide this?). I accept that you have spent considerable time in Australia previously. However you have not returned to Australia at all since your last departure on 31 October 2014(I already answered this above). I accept that in the past you resided in Australia; however I find that this evidence is insufficient to show that you will maintain a close and continuing association with Australia into the future. I find that you do not meet the requirement set out in paragraph 21(2)(g) as you have not provided evidence that you will return to reside in Australia in the future, and you have not provided sufficient evidence to show that you will maintain a close and continuing association with Australia . Ok Guys sorry to make such a long comment. I just tried to make all the point as clear as possible for you. And sorry to be a bit aggressive in my comments 🙂
  11. Ok Basically you are telling me that I should have lied to them. I should have stayed for more 3 weeks to seat for the test and after approval I would leave Australia and have the oath in overseas embassy. And after getting passport I could go and never come back. If this is the case I was too naive then that I didnt do that. Sorry I have been an honest person entire my life although it hurts my benefits sometimes. As I said I explained everything honestly to them and maybe it was my stupidity to expect them behave me same way.
  12. I was a legal permanent resident in Australia with no record of any penal not here nor overseas that lived and worked in Australia for 4 years. So I imagined if I explained anything honestly to them they would assist me to achieve my goals also to help with my health issue and they would perceive the fact that I was really sick and I had to leave Australia based on a valid medical reason. I expected them to believe me when I said I would come back to Australia as soon I finish my education in Uk that I am still pursuing that plan. They never asked me to tell them Ok when exactly you would be in Australia. I would not expect it to be like a conviction session in a court for me and that is why I say maybe the issue was that I was honest to them.
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