Guest Wes_Nicky

MRT have their powers changed since 2001?

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    Guest Wes_Nicky

    Hi, i am a former permanent resident attempting to return to Australia. I applied for a sub class 151 visa which was rejected as i only spent 8 years 6 months in Australia as a permanent resident from the ages of 9 to 18. I was aware of this before i applied but as the margin was relatively small i applied anyway and i had done some research and seen a case from 2001 that the applicant had only spent 8 years as permanent resident from 9 to 18 but the decision was overturned on appeal by the MRT. Yesterday i had my tribunal hearing my mum was interviewed via video link in Adelaide and i was called by the tribunal member in Melbourne. I was well prepared based on what i thought they may ask me as was my mum, however i never got the chance to present any of my evidence as the phone call only lasted 5 minutes. The tribunal member was very nice and she was apologetic, she stated i meet 3 of the 4 required points she has no problem with my strong family ties to Australia(my mum dad and sister all live there, my sister and dad are Australian citizens now) however on the 4th point the qualifying spent of time spent as a permanent resident from 9 to 18 she is bound by the criteria and cannot show any discretion. She does feel the decision is unfair and is writing a letter of recommendation that the case be referred for Ministerial intervention by Brendan O'Connor. I was wondering if anybody has knowledge of the MRT and when any legislation may have changed as they clearly showed discretion on the case in 2001. I am now faced with not being able to be reunited with my family in Australia. I had only just turned 18 when i returned to the UK, the decision to return was instigated by my mother who had lost her father to cancer and was concerned about how her mother was coping. My relationship with my dad at the time was strained and living with him was not an option, I was not in full time employment so felt i had no chance to return to the UK with my mother. Any advice would be greatly appreciated.

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