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Mulderpf is spot on - one slight correction though - it's not that you were not given removal directions but that they did not make a decision to remove you. Removal directions come later, once appeal rights have been exhausted.mulderpf wrote:From what I understand is:
1. The decision was not in accordance with the law, as you were given no removal directions when you were refused and therefore did not have the option of 395(C), which allows HO to look at factors outside of PBS to determine if you should be removed.
Your appeal was dismissed and the HO can now relook at your case and make the exact same decision, but this time with removal directions.
Whether they wish to look at the additional documentation is up to them and was not instructed by the order - they can basically make the exact same decision, just this time in accordance with the law.
Even if you appeal the decision further up, in accordance with PBS, the decision is lawful.
THANK YOU for your kind reply. your comment sounds quite hopeless...Yes I should prepare for the worst result! Bless me...hope HO can look at my case positively. It is the date issue down to the earth!! I should have applied just before leave expiry date, then nothing would happen.mulderpf wrote:From what I understand is:
1. The decision was not in accordance with the law, as you were given no removal directions when you were refused and therefore did not have the option of 395(C), which allows HO to look at factors outside of PBS to determine if you should be removed.
Your appeal was dismissed and the HO can now relook at your case and make the exact same decision, but this time with removal directions.
Whether they wish to look at the additional documentation is up to them and was not instructed by the order - they can basically make the exact same decision, just this time in accordance with the law.
Even if you appeal the decision further up, in accordance with PBS, the decision is lawful.
thanks a lot guru~~ I am not sure when HO can get back to me as the FTT didnt send me the appeal form with the determination letter, so does that mean I cannot appeal further?Greenie wrote:Mulderpf is spot on - one slight correction though - it's not that you were not given removal directions but that they did not make a decision to remove you. Removal directions come later, once appeal rights have been exhausted.mulderpf wrote:From what I understand is:
1. The decision was not in accordance with the law, as you were given no removal directions when you were refused and therefore did not have the option of 395(C), which allows HO to look at factors outside of PBS to determine if you should be removed.
Your appeal was dismissed and the HO can now relook at your case and make the exact same decision, but this time with removal directions.
Whether they wish to look at the additional documentation is up to them and was not instructed by the order - they can basically make the exact same decision, just this time in accordance with the law.
Even if you appeal the decision further up, in accordance with PBS, the decision is lawful.
I assume that given you argued the Mirza point, you know what the case says, but just in case, you might find this useful
hello my friend,mulderpf wrote:From what I understand is:
1. The decision was not in accordance with the law, as you were given no removal directions when you were refused and therefore did not have the option of 395(C), which allows HO to look at factors outside of PBS to determine if you should be removed.
Your appeal was dismissed and the HO can now relook at your case and make the exact same decision, but this time with removal directions.
Whether they wish to look at the additional documentation is up to them and was not instructed by the order - they can basically make the exact same decision, just this time in accordance with the law.
Even if you appeal the decision further up, in accordance with PBS, the decision is lawful.