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Me and my husband just few months ago back to Malaysia from Australia. When we are in the tourist visa at Australia, we apply for bridging visa, we done our thumb print and our application  was approved and we get Class A. At the same time after we get bridging visa approved, on emergency purpose we leave from Australia, but we trying to contact immigration and embassy but cannot go through and we back to Malaysia (at the same time our tourist visa still valid, we are not overstay). After we back to Malaysia, we receive email stated that our visa was cancelled. 

 Now we applying for Australia visa but we cannot get approval for visa. Is there because we applying bridging visa? if we cancel our bridging visa, can we get approval for get Australia visa again? 

 What I should do to get Australia visa? Please assist me. Thank you

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On 1/28/2019 at 3:03 PM, Litha said:

Me and my husband just few months ago back to Malaysia from Australia. When we are in the tourist visa at Australia, we apply for bridging visa, we done our thumb print and our application  was approved and we get Class A. At the same time after we get bridging visa approved, on emergency purpose we leave from Australia, but we trying to contact immigration and embassy but cannot go through and we back to Malaysia (at the same time our tourist visa still valid, we are not overstay). After we back to Malaysia, we receive email stated that our visa was cancelled. 

 Now we applying for Australia visa but we cannot get approval for visa. Is there because we applying bridging visa? if we cancel our bridging visa, can we get approval for get Australia visa again? 

 What I should do to get Australia visa? Please assist me. Thank you

I am confused about what you are saying here. Can you clarify a bit more clearer please.

What substantive visa application did you apply for in Australia?

When you departed Australia, what visa did hold as of date of departure?

 


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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.

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When we are in Australia, we are on multiple entry tourist visa, after one month left, we applying Bridging Visa, Protection (subclass 866) visa.

At the same time, we still on multiple entry tourist visa when we departed Australia. We haven’t overstay on our multiple entry visa. And also before leaving from Australia I have check my Bridging Visa application status on myVEVO, but shown my Bridging Visa still not active yet.

When we are in Australia, we are on multiple entry tourist visa, after one month left, we applying Bridging Visa, Protection (subclass 866) visa and we done our thumb print. 

At the same time, we still on multiple entry tourist visa when we departed Australia. We haven’t overstay on our multiple entry visa. And also before leaving from Australia I have check my Bridging Visa application status on myVEVO, but shown my Bridging Visa still not active yet.

I try applied my visa to re-enter to Australia cannot get visa. By the way have any chances how i can re-enter Australia again. But i understand once we apply bridging visa we cannot leave from Australia. Please assist me

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2 hours ago, Litha said:

When we are in Australia, we are on multiple entry tourist visa, after one month left, we applying Bridging Visa, Protection (subclass 866) visa.

At the same time, we still on multiple entry tourist visa when we departed Australia. We haven’t overstay on our multiple entry visa. And also before leaving from Australia I have check my Bridging Visa application status on myVEVO, but shown my Bridging Visa still not active yet.

When we are in Australia, we are on multiple entry tourist visa, after one month left, we applying Bridging Visa, Protection (subclass 866) visa and we done our thumb print. 

At the same time, we still on multiple entry tourist visa when we departed Australia. We haven’t overstay on our multiple entry visa. And also before leaving from Australia I have check my Bridging Visa application status on myVEVO, but shown my Bridging Visa still not active yet.

I try applied my visa to re-enter to Australia cannot get visa. By the way have any chances how i can re-enter Australia again. But i understand once we apply bridging visa we cannot leave from Australia. Please assist me

I have had to remove your attachments as they contain too much personal information for a public forum.

Did you have any professional assistance here, as your decision to depart Australia on your ETA was a very bad idea. As your ETA was still current, you were not on any type of Bridging Visa.

When you departed Australia on your current/valid ETA, you left the door wide open for the Department to cancel your ETA without notice under section 128 and 116 of the Migration Act for a breach of Regulation 2.43(1) in that you did not have at the time of the grant of the visa, an intention only to stay in, or visit, Australia temporarily for the tourism or business purposes for which the visa was granted; or you ceased to have that intention.

As your visa was cancelled outside of Australia you do not have any Tribunal review rights. 

Your opportunity to comment on why you think the ground for cancellation did not exist or why the cancellation should be revoked expired 28 days from when you were deemed to have received the notice of cancellation. 

The only thing you can do is apply for another visa, but it is extremely unlikely that this will be successful in my opinion.  


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@Litha in relation to your protection visa, what country were you seeking protection from?


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.

 

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18 minutes ago, Litha said:

From my home country MALAYSIA 

As AFV has said, did you have any professional assistance here? Returning to Malaysia on your ETA shortly after applying for a protection visa was not a good idea, as you have unfortunately found out.

With no Tribunal review rights and your opportunity to comment now lapsing, you can only apply for another visa which I would say will definitely be refused.  


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.

 

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I dont have any professional assistance there. I know that i did not follow their rules and its my faults, i did not do it intentionally. Actually I did not know i have to follow other formality to leave from Australia. I did try apply new ETA 2 times after im back to Malaysia but did not get approve. My bad 

May i know on my situation, how long i cannot re-enter to Australia? Did not  have any other way/solution to get approve to re-enter to Australia again?

 

Edited by Litha

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You most likely will be looking at a ban (official or unofficial) for at least 5 years maybe a lifetime.. 

In the departments view, you will be seen to have committed or attempted to commit visa fraud. 

You claimed protection from your countries government and that your life was at risk etc if you had to return to your country, Australia is obliged to assist you with protection from this and then you return back to the country your being protected from anyway.

If you were granted the visa (866), you wouldn't be allowed to return to your country unless with written permission from the Australian Government which is rarely given.

 

 

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1 hour ago, Litha said:

I dont have any professional assistance there. I know that i did not follow their rules and its my faults, i did not do it intentionally. Actually I did not know i have to follow other formality to leave from Australia. I did try apply new ETA 2 times after im back to Malaysia but did not get approve. My bad 

May i know on my situation, how long i cannot re-enter to Australia? Did not  have any other way/solution to get approve to re-enter to Australia again?

 

In relation to the subsequent ETA visa refusal, were you advised that you were subject to a re-entry ban? 

10 minutes ago, Nightcall said:

You most likely will be looking at a ban (official or unofficial) for at least 5 years maybe a lifetime.. 

In the departments view, you will be seen to have committed or attempted to commit visa fraud. 

You claimed protection from your countries government and that your life was at risk etc if you had to return to your country, Australia is obliged to assist you with protection from this and then you return back to the country your being protected from anyway.

If you were granted the visa (866), you wouldn't be allowed to return to your country unless with written permission from the Australian Government which is rarely given.

 

 

Indeed. Condition 8559: The visa holder must obtain permission from the Department for travel to their country of reference.

Although it was the ETA that was cancelled, I would like to know how the protection visa application would have fared with evidence of the applicant travelling back to the country that they were seeking protection from. 


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As they I assume are not refugees, they would be  claiming complementary protection that there are substantial grounds for believing that there is a real risk they will suffer significant harm.

This must meet the requirements under the Migration Act Section 36(2A) 

 (2A)  A non-citizen will suffer significant harm if:

                     (a)  the non-citizen will be arbitrarily deprived of his or her life; or

                     (b)  the death penalty will be carried out on the non-citizen; or

                     (c)  the non-citizen will be subjected to torture; or

                     (d)  the non-citizen will be subjected to cruel or inhuman treatment or punishment; or

                     (e)  the non-citizen will be subjected to degrading treatment or punishment.

(2B)  However, there is taken not to be a real risk that a non-citizen will suffer significant harm in a country if the Minister is satisfied that:

                     (a)  it would be reasonable for the non-citizen to relocate to an area of the country where there would not be a real risk that the non-citizen will suffer significant harm; or

                     (b)  the non-citizen could obtain, from an authority of the country, protection such that there would not be a real risk that the non-citizen will suffer significant harm; or

                     (c)  the real risk is one faced by the population of the country generally and is not faced by the non-citizen personally.

Returning you your home country pretty much makes you Ineligible for the 866 visa. 

 

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After we back our home country we receive a email stated that our protection visa is refusal. But i dont know this much of issues will happen and we cannot re-enter again

This is what wrote on our letter : - 

Notification of refusal of application for a Protection (subclass 866) visa
This letter refers to your application for a Protection (subclass 866) visa, which was lodged at
Sydney City Office on 08 June 2018.

 

Decision on Protection (subclass 866) visa
I wish to advise you that the application for a Protection (subclass 866) visa has been
refused for the following applicant(s):

After careful consideration of all the information available to me, I was not satisfied that you
met the relevant criteria for the grant of this visa as set out in Australian migration law.
This application was refused because you did not satisfy clause 866.411 of Schedule 2 of the
Migration Regulations 1994 (the Regulations) which requires that you are in Australia at the
time of visa grant.
You departed Australia on 18 July 2018. You do not hold a current visa which would allow
you to re–enter Australia. I am therefore satisfied that you do not meet the circumstances for
grant of a Protection (subclass 866) visa under section 40 of the Migration Act 1958 (the Act)
and I refuse to grant you the visa under subsections 65(1)(a)(iii) and 65(1)(b) of the Act.

 

Review Rights
The department cannot consider your visa application any further. There is no right of merits
review for this decision.

 

Your Immigration status
Offshore - not in Australia.
 

Financial or case worker assistance
If you are receiving Status Resolution Support Services (SRSS), you are refused a protection
visa, and you do not lodge an application for review with the AAT, you will be transitioned
out of the SRSS programme within seven business days from the end of the prescribed
timeframe for seeking merits review.
As this letter was sent to you by email, you are taken to have received it at the end of the day
it was transmitted.

 

Questions about this decision
We cannot consider your visa application any further.
 

Border Watch - report something suspicious
If someone has given you incorrect information about applying for a protection visa or if
someone has applied on your behalf without your knowledge, you can report this information
through the Department’s website www.homeaffairs.gov.au/report

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Refused under clause 866.411 is just a simple and very legally robust way to refuse the visa as its next to impossible to challenge. Instead of refusing for not meeting Section 36(2A) which is open to interpretation and challenge.

 

 

 

 

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@Litha unfortunately the substantive merits of your protection visa were never tested due to you departing Australia and your ETA being cancelled. You had no way of satisfying the time of decision criteria that requires you to be in Australia at time of visa decision. 

Just on a side note, can you please tell me the date of your subclass 886 protection visa refusal?


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2 minutes ago, Litha said:

Applied protection visa on 8 June, 2018

Departed on 18 July, 2018

Refusal on 31 July, 2018

Unfortunately the Department operated very swiftly to cancel your ETA 2 days after you departed Australia, and then refused your protection visa very soon after that. In my opinion it would have taken some time to consider your protection visa, but with your ETA being cancelled, they were then able to act swiftly to refuse your protection visa without having to test the merits because you would not be able to meet the most basic time of decision criteria that requires you to be in Australia at time of visa decision.

I'm am sorry that you have found yourself in this position. If you don't mind me asking, and please don't post personal identifying information, but was your general claim for protection based on.  


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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.

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