Refugee visa cancelation:
One of our clients won the Tribunal case, so his cancelled refugee visa was re-instated.
His refugee visa was cancelled when he returned back to Australia after visiting his family in Africa. He was accused for proving incorrected information when his refugee visa was granted.
When we attended the interview in the Department office, so he could continue working while going through the lengthy process of Tribunal, even the case officer was surprised to see the refugee visa being cancelled. However, it was an evidence of the DIBP’s recent more stringent approach toward faulty information and bogus documents.
Luckily, our submission enchaining his family tie
Orphan Relative Visas:
To be successful, the applicant must be under 18 at the time of application. This is almost impossible to prove if the exact date of birth cannot be proven by an official document.
We handled an application that included a boy who looked very mature. He looked more than 18 years old, especially he was wearing a gold watch which his deceased father gave to him in a photo. The case officer did not believe that he was under 18; therefore, he was going to refuse the application.
In our submission, we argued that without any specific adverse information to the contrary, the applicant should be given the benefit of the doubt with respect to the question of his age. We submitted together with his statutory declaration giving detailed circumstantial evidence to support his claim that he was under 18.
He is now happy in Australia with his siblings and working hard to build his future.
Beating the DNA Result:
Biological relationships are often difficult to prove if reliable documentary evidence does not exist. We often negotiate with the Australian High Commission on behalf of our clients to prove their biological relationship through DNA testing.
In one such instance, three sisters had applied for an orphan relative visa with the sponsorship of their aunt in Australia. Their mother had passed away and no-one knew who the father was. Although DNA testing had confirmed the biological link between two of the girls who had already established their relationship to their aunt, it also revealed that one girl had no biological relationship to the other two girls.
What happens now? It would be just as inhumane to leave these three orphans in Africa as it would be to separate them. They had grown up together and believed that they were all sisters. Our client needed help.
We succeeded and those three girls now live together in Australia. The Australian High Commission accepted our argument that their deceased mother had customarily adopted the girl. Therefore, the girl was actually the customarily adopted niece to the sponsoring aunt in Australia. It was not an easy argument to make.
Australian Citizenship and False ID:
One of our clients wanted to become an Australian citizen but could not. They had migrated to Australia using a false identity. Once here, they tried to resume their true identity but could not. They were investigated by the Department of Immigration and allowed to stay in Australia, but no determination was made as to their true identity. The Department knew that our client was not who they said they were and without convincing evidence would not accept who our client now claimed to be. A name change application was not an option. Our client was not changing their name, they were trying to resume their birth identity. Our client needed the Department to make a determination of their identity. Without this they were unable to move on with their life. How do you prove you are not the person you said you were when evidence of your real identity is virtually non-existent? Not an easy thing to do, but we did it. Our client is now a proud Australian citizen and has resumed their birth identity.
Prospective Marriage Visa Case:
In a prospective marriage visa application the applicant and sponsor must have met in person subsequent to each of them reaching the age of 18. If you cannot satisfy this requirement, the application will fail. So how can you prove this? If you have photos of you together taken since you both turned 18 or if you have a common child together, DNA proof of a biological relationship with that child can be used as persuasive evidence that you have met as adults.
What do you do when there are no photos or a common child? One of our clients in this very situation was successful in obtaining a prospective marriage visa for his fiancée. We managed to get the Australian High Commission to accept a letter from the pastor of their church in Africa who remembered them as a couple as evidence to satisfy this requirement.
Our client and his fiancée were boyfriend and girlfriend and used to attend the same church together. They managed to find the pastor who was then living in Nairobi and asked him to write a letter. The pastor stated that he had witnessed them being together as a couple before the sponsor migrated to Australia. They are now married and living in Australia building their family life together.
This is yet another example of how an experienced Migration Agent can assist you to navigate and overcome the difficulties faced with applications made to the Department of Immigration.
Offshore Refugee and Humanitarian Global Special Humanitarian Visa Cases:
It is extremely difficult to obtain an Offshore Refugee and Humanitarian Global Special Humanitarian visa (SHP). When proposing a brother, sister or a more distant relative, the prospects of success are extremely slim. This is because most of the annual visa quota is used up by applicants who were proposed by their immediate family. Brothers and sisters are not classed as immediate family. However, between early 2014 and early 2015 Just Migration successfully obtained this type of visa for 25 people. They were all proposed by their brothers or sisters in Australia. We are very happy for them and extremely proud of our achievement.
In addition we have a number of applications that have advanced to the next stage in the assessment process and have been referred to the Australian High Commission in Nairobi. While this is no guarantee they will be granted, it is a positive step.
We attribute this success to taking the time to preparing very detailed statutory declarations and working with our clients to ensure that every aspect of the visa criteria is addressed. A compelling story with good evidence can go a long way to enhancing the prospects of success and the skill of an experienced migration agent who specialises in this area cannot be underestimated.