Today the editor wants to tell a very strange story of spouse immigration, the hero's tragedy is not caused by man-made factors, but unfortunate things so happened to be encountered by her.
The process of overseas spouse migration is to apply for 309 spouses temporary visa outside the country first, and then enter the country after obtaining the visa. If the relationship still exists two years later, it can be converted to 100 spouse permanent residence visa.
No domestic violence, no mistress, no fake marriage, no black history, unfortunately.
Isanan married her Australian husband in the Philippines in 2012 and signed her visa on January 11, 2013, so she was happy to pack and reunite with her husband in Australia. The plane arrived at Perth airport on time at 11:10 local time on January 19, 2013.
But to Isanan's surprise, instead of picking her up in person, his older sister took her directly back to his house, and Isanan soon found out why.
At home, Isanan was told that her husband had died earlier in the day! Do not see the husband, but see the husband's body, normal people will be scared to faint.
After a few days of halo, Isanan began thinking about her future. She first submitted the "Notification of Changes in Circumstances" 1022 form, telling the Migration Board exactly what she had experienced when she arrived in Australia. Then, considering that she was holding a two-year temporary visa and that her husband had died, she might as well leave now if she was sure she wouldn't be able to stay in Australia for long, so she asked for professional advice.
She was told that a situation like her could be converted to a 100 permanent residence visa! The spouse is dead. Who does she find to maintain a 2-year relationship? Here is an exemption condition that no one knows. After all, who happens to have a spouse who dies as soon as he / she enters the country.
The exemption means TA can get a spouse permanent residence visa if the insured spouse dies after holding a temporary spouse's visa to enter Australia for the first time. Isn't that exactly what happened to Isanan? Then she prepared the materials and submitted her visa application with peace of mind!
At first it was said that it was a very strange story of misfortune. First, she got off the plane and learned that her husband was dead, and then she was still rejected!
Because she was still on the plane at the moment of her husband's death, that is, she had not yet entered the country, the Migration Board considered that her guaranteed spouse had died before she entered Australia, and that, Migration Review Tribunal (MRT), who did not meet the exemption conditions, also agreed with the Migration Board's decision. Isanan then continued to appeal to the Federal Circuit Court.
If you also think that Isanan is wronged, argue for her: "people on the plane, it can blame her!" That's right! She also relied on this as the main basis for her appeal.
The original decision of the Immigration Service as to whether she was entering or after entering the country was based on the Notification of Changes in Circumstances, which says that Isanan entered the country at 11:30 on January 19, 2013 (customs clearance). Her husband died at 07:40 on January 19, 2013, but Isanan claimed that she was not there at the time of her husband's death, and that the time of death was not necessarily accurate.
However, the Federal Circuit Court said that if you say the time of death is not accurate, then it provides an accurate time, but the exact time of death of the husband is a mystery. First, there was no time for death only on the death certificate; secondly, she did not provide any other basis to MRT, the doctor's certificate was not available, nor was the certificate of the signatory of the death certificate absent; Not even if she tried to contact her doctor for the exact time of death!
Under such circumstances, the Federal Circuit Court did not consider MRT's judgment based on Notification of Changes in Circumstances to be a judicial error.
So the end result of the story is that after so many twists and turns, Isanan is still four hours (3 hours and 50 minutes) short of getting his spouse's green card.
