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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38305
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I have broken up with my Filipina wife because she had

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Hi, I have broken up with my Filipina wife because she had an affair with another man for 6 months, and she has just left me for him almost two months ago now. I have withdrawn my spousal sponsorship of her and she will have received the letter from Immigration around late September or early October. On the 6th of October, she made an intervention order against me (which I have not received yet because I moved back home to stay with my parents b/ecause I was so upset with her cheating and using me like this) clearly to bolster her "case" against me with Immigration. She has so little material to work with other than attempting to invent alleged "domestic violence" (because I have never stalked, harassed or threatened her in any way since leaving me. It is clearly a stalling tactic made both to look good with Immig'n as well as buying more time here. My question is this: How long will it be before the court hears her formal application for this I.O?? (which I will vigorously contest)
Submitted: 5 years ago.
Category: Australia Law
Expert:  Leon replied 5 years ago.
HiCustomer
what sate are you in?

Customer: replied 5 years ago.
I live in Victoria, actually I also forgot to say that she has 28 days to respond to their letter and explain why she should be allowed to stay here (hence her likely use of "domestic violence" through statutory declarations made by two "competent people" and now this Intervention Order made AFTER she got their letter - surely immigration can't be stupid enough to fall for this delaying tactic? She'll have asked for an extension so that the court can hear her I.O application - which is a complete waste of time because why would I want to bother or harass her since I am trying to have her thrown out of Australia for having this affair? An Interim I.O has no validity with Immigration and by the time the court hears this, her 28 days will have been used up!!! It is a completely frivolous abuse of the law just so she can stay longer with someone with lots more money than me. I hope you can understand what I'm trying to say. anyway, that aside, I do need to know how long it will be before the court hears her application and how will this affect the immigration process?
Expert:  Leon replied 5 years ago.
HiCustomer
In relation to the Intervention order the timeframe will depend on how busy the court is and the number of witnesses each party will have.
At the moment you have an interim order until you go to court. On that occassion the Court will ask whether you accept the information as correct and whether you are prepared to have the orders sought to be made final.
If you say no then the Court will set the matter down for a hearing. Usually she has to show that there is reason for the orders to be made. But from what you are telling me the allegations are false and she is now living with someone else.
In relation to the Immigration application I assume the application is for a spousal visa and you are the sponsor.
The relationship has broken down. You have withdrawn your sponsorship and therefore the application should fail.
The immigration department will determine her application on violence independently of the IO. If they believe the information provided by the 2 Competent people then they will isue her permanent residency earlier than the standard 2 year period. If they do not accept the information then they will have to decide whether they allow her to stay to see the outcome of the IO hearing or deport her.
The IO hearing is not of much importance to immigration with regards XXXXX XXXXX residency application. The Allegation of Violence and statutory declaration by the 2 competent people are.
I hope this is of assistance.

Customer: replied 5 years ago.
So what you are saying is that this I.O stalling tactic won't work because Immigration can (and will) decide whether to grant/refuse her application based on the information that we've aldready both given them? We have also provided them chapter & verse regarding her affair complete with hard copy copies or print-outs of mobile phone bills (with 1,500 texts made by her in 20 days to him) as well as e-mails and love cards and stuff from her computer HDD exposing both of them as liars and cheats, regarding her affair with him before leaving me for him. We've also given Immigration printed-out copies of semi-pornographic (mostly naked above the breasts or nearly so) webcam shots she made of herself and posted on Friendster, Facebook & MySpace in order to attract men. That is, they will not wait for any court hearing regarding her I.O. but make a decision based on the evidence both parties provide? The ONLY domestic violence she can claim are two slaps I made to her cheek on the cheek during a row that erupted following her return from a "nightclub" at 5 in the morning (in reality, she'd been sleeping with him) asnd she may try to claim that I subjected her to alleged verbal & physical violence including "countless acts of bondage made against her will" (only involving HER tying me up). Thanks for helping. All this is terribly upsetting & stressful for me.
Expert:  Leon replied 5 years ago.
HiCustomer
They will base the decision on granting the residency earlier than the standard 2 years if they believe that there has been violence based on the application with the 2 competent people.
If they do not believe her about the violence then they will revoke her visa.
If orders are made against you in the IO, prior to their determination then they will be proof of the violence and they will grant her residency.
Usually they determine before the hearing takes place. Hearings take longer to get on.
I can understand how this is frustrating.
Customer: replied 5 years ago.

So what you're saying is that the only time Immigration will wait until her intervention order (I.O) application is heard (which is both a nonsense and a stalling tactic) is if they have not already received and accepted her statutory declarations, if any, that she had provided regarding alleged domestic violence (which we know is the lowest form of evidence they can provide)?

 

OR will they make a decision whether to revoke her visa or not based on this "evidence" long before this I.O application is heard in court?

 

My ex made this I.O to try and bolster what she knows is a very weak case (she doesn't know just how much actual hard-copy evidence we've given Immigration about her affair) regarding "domestic violence", but I can't see how Immigration would be stupid enough to delay making an decision until the court hearing takes place because it could be months before that happens!!

 

We don't want to be forced into going to court and paying hundreds of dollars to contest this I.O, if Immigration has already allowed her to stay in Australia based on the evidence that she's given them!

 

Sorry for taking up so much of your time but I really appreciate the help that you are providing.

Expert:  Leon replied 5 years ago.
They will make a determination on the Visa based on the Affidavits by the 2 compentent people.
If they do not accept that evidence and revoke her application for residency as your spouce they then may allow her to stay for the IO to be determined.

If immigration decide to allow her to stay the IO will still proceed unless she tells the police she does not feel threatened anymore and wants it withdrawn

It is frustrating for you I understand that

Customer: replied 5 years ago.

Thank you again for helping, I truly appreciate your time in replying.

 

Just one last question (you may need to ask the family law guy abt this) - have you got any idea how long will it take from the time the first application for an I.O is made (I'm still waiting for it to be served on me because I've moved house) before the court hearing to decide whether or not it should be granted is held?

 

It was made on the 6th of October but it has not been served on me yet (see above why)

 

It's important because I was planning to go overseas for 3 months from the middle of December to stay with friends & recuperate from all this (her months-long affair, verbal abuse and the row that finally ended our relationship upset me so badly I've already tried to kill myself once - that I desperately need to get away from everything)

 

Expert:  Leon replied 5 years ago.
The tome for the IO to be head will depend on the availability of the court and the length f time for all the witnesses to be examined and cross examined.
It could take 8 weeks to be listed.
If you have planned a holiday just tell the court you are away from this date to this date. They cannot stop you from going on holidays they will have ti work around you and the other parties availabilities.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38305
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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