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VIC Fiance on Protection Visa 866 - Can He Return Home?

Discussion in 'Immigration Law Forum' started by Aisha01, 13 November 2017 at 5:46 PM.

  1. Aisha01

    Aisha01 Active Member

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    Hi.

    I need to know this ASAP, that I'm in Pakistan and my fiance is in Australia on student visa, and has lodged his Protection Visa 866 Application last month. We plan to get married in 2018, so how long should it take for his application to process? And, most importantly, is there any way he can visit his home country (which he is seeking protection from) just for 10 days to get us married? We need him to be physically here in order for us to marry. Can he come here for 10 days without having his visa risked being cancelled?

    The reason he is seeking protection because his life is threatened in Pakistan and he was shot once, after which he departed to Australia. We don't want his visa to be cancelled because he cannot live in Pakistan safely, and we want him to come back to his home country only to get us married which would take no more than 2 weeks to get everything prepared - during which time we will be keeping him safe.
     
  2. Clancy

    Clancy Well-Known Member

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    I am no expert, but I would suggest 'visiting' his home country is totally out of the question. You may want to start making preparations to get married in India.
     
  3. Aisha01

    Aisha01 Active Member

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    I thank you for the reply, but can't he even ask the minister for permission to come here since our entire family is here, and our culture doesn't allow us to get married without the presence of family... Also, his parents are here, so refugees cannot visit even their parents?
     
  4. Tim W

    Tim W Lawyer
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    Not if he wants his protection claim to have any credibility.
     
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  5. Aisha01

    Aisha01 Active Member

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  6. Tim W

    Tim W Lawyer
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    He'd be voluntarily returning to the country in which he fears persecution.
    Thus the basis for the grant of the visa would vanish.

    He would need written approval from the Department
    to be able to return to the country from which he has sought protection.
     
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  7. Aisha01

    Aisha01 Active Member

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    Okay so if he gets written approval then would it be safe for him to come here without losing his visa? And thank you for your reply
     
  8. Clancy

    Clancy Well-Known Member

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    But you have to keep in mind if simply the act of seeking that approval would diminish the credibility of the protection Visa case?
     
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  9. Aisha01

    Aisha01 Active Member

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    Ah, I don't know what to do. I'm so confused. We need to get married and its not possible for both of our families to go there to get us married... :( The only option we have is of him coming here. Any other options?
     
  10. Clancy

    Clancy Well-Known Member

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    Well, like i said, you might be able to Marry in India? Is there anywhere along the boarder with Pakistan where your family could see across the boarder and observe the wedding?

    Or possibly getting married on a boat? How do authorities handle Pakistan and Indian private vessels inter mingling?
     
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