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Advice needed : Previous Overstayer in Australia

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abcdefg
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Joined: Fri Jan 16, 2009 6:00 am

Advice needed : Previous Overstayer in Australia

Post by abcdefg » Fri Jan 16, 2009 6:57 am

Hi! can a previous overstayer in australia who left to his home country on his own or without deportation,apply back again for genuine study purpose? My friend who needs accurate information on this scenario is from Nepal.This is his brief story:

-He first visited Australia in 1996 as a student thinking to build-up a handsome career
-He returned to his home country on a vaccation in 2000 and returned back to continue his study and then a problem to his family back in Nepal during political unrest and civil war at that time,and he dropped his education due to lack of suffient funds coming from home.He then decided to seek assylum and eventually he lost the case.He knew he was overstaying then ...nowhere to work,study or anything good happening for few years.Finally he decided to return home at the end of 2006 after the peace accord was signed between the government and the rebels.
-At the time of his departure he was held aside from the line for a questioning and was informed by the authority that if he wishes to apply back to Australia again ..he should do it only after 2 years.[no deportation actually]

According to him,This is consulted with many consultants and immigration agents in Nepal but unable to get clear help.He wants to come back to Australia again for study purpose......

1. can he really apply again?

2. If yes! how long he have to wait? Was the immigration official right (about 2 Years waiting time)?

Sorry for the unnecessary story.Please drop some suggestions on what should he do.Thanks a lot!

dying4004
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Posts: 1
Joined: Sun Apr 26, 2009 11:37 am

Post by dying4004 » Mon Apr 27, 2009 4:45 am

hi

my case is also similar.

i went to australia in 2002 march. and then because of some problem i stopped studying. then in march 2004 immigration sent me a letter saying that my visa will be canceled. then i employed a lawyar who filed asylum claim and took me into bridging visa and i was legal to stay in australia. then in februaru 2005 i left australia willingly before even getting any result from asylum claim.

now in 2009 my wife wants to apply for pr herself having me as spouse. so i applied for access to my own file in australian immigration and they sent me papers where its said that my asylum claim was rejected.

so i am thinking if our application will be refused becuase of me.

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