我係澳洲過期居留~有心人請入比意見我!急!

✔ 最佳答案

First, i would like to say, my wife was worked for DIAC as a case officer and this is not rare, considering your situation
Well, i have said many many time before, and i am gonna say this again, if your visa is gonna expire soon and you knew it, you should always take care of visa first before leaving or doing anything else.
Your case is not special, i can already say, it is your fault, you can prevent this from happening right from the start, if you apply for a student visa 2 months before your visa ran out, just like your school said. If you go back to Hong Kong and make that thing the last thing to take care of, you can blame noone but yourselve.
First, let me talk about the waiver you been on to.
Waiver can only apply outside Australia, and can only be apply for unexpected circumstance (like falling ill) and suffer from extreme hardship (Like sick parent, husband and dependent child in oz you need to care of)
In your case, waiver is not an option as this is an mistake you can avoid.
What you should have done is, before you leave aus, you should try to initiate a Migration tribunal and beg from there, as tribunal is not a waiver and you only need to convince the panel to let you stay, it is much more easier than apply for a waiver, which needed many more requirment.
有人話改名好似得?
You can change your name and use another passport (like HKSAR -> BNO) and you can reapply for a visa, cos australian migration will not take fingerprint and they just match passport country, name and date of birth
搵 AGENT??
Unless you want to start administrative review on your waiver (usually not gonna succeed in your case), you should not get an agent to represent you.

我聽講..有人一年之後都返到? 我可以再later小小要reapply 嗎?
No, a ban is for 3 years, you need to wait 3 years if your overstay for 28 days or more. Well, you can, apply waiver and if you were grantedm you can get back to Australia

2009-08-08 09:22:19 補充：
佢個PMO(移民官)得一個架JA??有無第二個?

There are only 1 in each consulate/office, but if you think the current principle migration officer is not fair or anything, you can apply administrative review and get judgement by court.

2009-08-08 09:23:42 補充：
有無人識人...之前又係比人DEPORT但係都返到去?

Yeah, you can, change your name and your passport, but you should not do that if you intent to migrate, cos you will permenantly ban if you do that, name change will appear in CNCC and you are committing fraud to DIAC by doing so

2009-08-08 09:24:34 補充：
otherwise, make yourselve get into the list of requirment on the waiver i mentioned above, or you can simply wait for 3 years for the ban to lift, your choice.

2009-08-08 09:25:41 補充：
有咩ADVISE都比我聽下??OR案例都得....

Well, there are plenty, but you also need to weight how much you got and how much you need (not wanted) to get back to Australia. If you are on a tight budget, 3 years ban is not a bad things

2009-08-08 09:26:58 補充：
If you are loaded, then you should try and fight for it, you can get a good lawyer and start administrative review proceeding on your waiver (Your waiver is rejected, am i right?) or lodge a court appeal in Australia against your

2009-08-08 09:27:10 補充：
current situation

2009-08-08 14:19:20 補充：
Firstly, i actually don't want to point the finger to anyone, i just comment on the DIAC point of view......

Do remember, it wasn't the School that give you the visa, It is the DIAC, and they don't do anything if they do not have CoE.

2009-08-08 14:21:18 補充：
I don't really know what did you tell DIAC and don't really quite clear about the situation(cos a lot of thing you failed to mention)
But let me comment on the stuff you did and why you got the result and how to straighten thing up

2009-08-08 14:22:56 補充：
PROBLEMS :

1. ) You did, apply COE on 3 Feb, but the problem is, you should wait until CoE was out before you leave Australia. You could have pressure your school from 3 Feb, instead from 1 March, whic is too late.

2009-08-08 14:25:03 補充：
2.) You should advice DIAC of the late coming of the CoE, not only to the college, under normal circumstance, DIAC will give you a Bridging E up to 28 days to wait for your CoE, given you adviced the DIAC at least 3 days before your visa expired

2009-08-08 14:26:36 補充：
3.) You have been overly count on the grace period, you should not have done that.

2009-08-08 14:28:42 補充：
REASON your waiver refused:

1.) You do not have any unexpected changes, you are in relatively good health and your house fire is not an issue if you stand at the DIAC view, well, how much it cost to get a Student Visa anyway?

2009-08-08 14:34:39 補充：
2.) You/Your relative do not suffer any hardship if you were force to leave Australia, you do not have any dependent or immediate relative in Aus which require your care (or as my understanding, no)

2009-08-08 14:35:10 補充：
Those are the only 2 factor for a PMO to grant you a waiver, if you do not have either of those, you cannot have it

2009-08-08 14:36:25 補充：
What to do?

Well, first, you can hire a lawyer to look at your case, but let me tell you ahead, lawyer does not come cheap, you case will require a lot of man hour to settle, it is not like you can get a Visa back in 10 hours....

2009-08-08 14:37:41 補充：
You can use your future as a reason to apply a waiver or start an admin review on the waiver decision, administration review alone cost you 4,000 AUD, that is without hiring any lawyer

2009-08-08 14:39:21 補充：
Otherwise you can try change your name and use another passport to go though australian, but the thing is, if your school had already notified the Diac on your situation, you may need to start over your degree again.

2009-08-08 14:41:30 補充：
Finally, i would just like to say a few more word:

Well, it is unfortunate for you to lost everything in a house fire, but the thing is, you should and could still start renew your visa, you can, at least notify DIAC before if you have any trouble.

2009-08-08 14:42:40 補充：
I mean, you don't to spend much to get CoE and honestly, the problem why you refused a waiver is because you left Australia, knowingly when your Visa is nearly expired.

2009-08-08 14:43:43 補充：
If you had stayed for 2 more week and keep pressure on the college, and at least demostrate that you "TRIED" to resolve the situation, instead of going away, your waiver decision would definitely be different

2009-08-08 14:44:49 補充：
They may even give you the CoE on time and everything you just had will not happened.

my wife seen too many case of people forgot to renew visa because a lot of thing happen.

2009-08-08 14:46:34 補充：
But do remember this, shits happens, and unless the stuff that happen actually preclude you from getting a visa, or if you would have suffer great if your visa is cancelled or rejected, there is nothing anyone could do otherwise....

我係澳洲過期居留~有心人請入比意見我!急!

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