Refused under section 320 (11) in june 2008

[terri]

My husband was refused under section 320 (11) for over staying/ deception when we applied for settlment. We appealed and lost our case. We are intending to lodge a new settlement application in Nigeria in Jan 2013. My question is, given the new rules that came in on October 2012 (section 320 bans) will my husband be banned?

[Lucapooka]

320(11) is not a ban. A ban has a tangible expiry date depeding the original circumstances that demanded its application. 320(11) is a discretionary refusal that can be applied to each and every new application - perhaps indefinitely. This refusal may or may not be applied (again) to your partner's application. It's usual, in such cases, to apply on the basis of expecting a refusal and then appealing the decision at the FTT. Good luck


Additionally, under the new rules, there is a broader range of refusals that may be cited. S-EC 1.2 - 1.7

[Ted]

My husband was refused under section 320 (11) for over staying/ deception when we applied for settlment. We appealed and lost our case. We are intending to lodge a new settlement application in Nigeria in Jan 2013. My question is, given the new rules that came in on October 2012 (section 320 bans) will my husband be banned?

I see this situation has been going on since 2007, why havent you sort legal advise, nearly six years, how many applications have you made thus far?

[terri]

My husband was refused under section 320 (11) for over staying/ deception when we applied for settlment. We appealed and lost our case. We are intending to lodge a new settlement application in Nigeria in Jan 2013. My question is, given the new rules that came in on October 2012 (section 320 bans) will my husband be banned?

I see this situation has been going on since 2007, why havent you sort legal advise, nearly six years, how many applications have you made thus far?

I did seek legal advise when the application was refused in 2008. We appealed and it was refused. My Lawyer, I realised later was useless! We have not made any further applications since. However, we intended on applying again for settlement in Jan/Feb 2013.

[terri]

My husband was refused under section 320 (11) for over staying/ deception when we applied for settlment. We appealed and lost our case. We are intending to lodge a new settlement application in Nigeria in Jan 2013. My question is, given the new rules that came in on October 2012 (section 320 bans) will my husband be banned?

Can anyone please offer anymore advice on this issue?

[terri]

My husband was refused under section 320 (11) for over staying/ deception when we applied for settlment. We appealed and lost our case. We are intending to lodge a new settlement application in Nigeria in Jan 2013. My question is, given the new rules that came in on October 2012 (section 320 bans) will my husband be banned?

Can anyone please offer anymore advice on this issue?

Does anyone have any additional comments on this matter??