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Post by maca84 on Sept 3, 2013 16:40:19 GMT 7
Kinda tricky stuff. They can make any rule up along the way cos nobody tested them in courts. That make sense, cos we have no money for lawyers. Never even heard of a lawyer in that field.
Does the constitution say something about it?
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Post by freakshow on Sept 18, 2013 15:03:52 GMT 7
Gday Banjo, I'm a bit confused after reading somewhere in another forum the statement that: centrelink contested peoples residency "but this was won back on appeal". It seems it wasn't always won back was it? Was it meant that that people successfully appealed against Centrelinks residency criteria being valid as compared to the Immigration Depts, or that they successfully appealed their own case within Centrelink's version of residency?
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Post by Banjo on Sept 18, 2013 16:05:06 GMT 7
The lower echelons of the appeals system can only rule on individual cases. A victory for all against the system would have to won in the Federal Court.
I've long maintained that the government would never allow it to go that far if there was any chance of a loss, the consequences would be too far reaching.
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Post by anthonydsp on Sept 18, 2013 16:21:00 GMT 7
hi freakshow yes centerlink will ping you on residencey if you have too many overseas trips they will class you as a non resident of australia and therfore cancel your dsp pension then you have to appeal it thru there authorised review officer who 99% of the time will just rubberstamp the original decision makers decision then you will have to go to the SSAT and fight your case to retain residencey and get back your dsp pension like me centerlink pinged mw for residencey but i fought them in the SSAT and won so i was lucky like banjo has staed in this forum keep strong residencey ties to australia they have to prove you are not a australian resident
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Post by hypoman on Sept 21, 2013 4:33:17 GMT 7
in regards to my situation I havent had any warnings regarding frequency of flights despite having 3 this year. (however I will let you guys know if this changes). by the end of the year it will be more. Im not real good with numbers but have a big calendar where ive calculated everything so that by the end of december I will have been in oz a week or so over 6mths. I dont pay rent or much food here so can save there, as rent is a huge peoblem in oz. I dont pay rent in asia and live on real simple food. these savings alone help pay the travel and i dont smake, drink or do drugs.I always travel to the same place and always tell them I'm going to spend time with my family. Basically I have residency ties in both countries and I let them know that, despite my strongest ties being here in oz. Ive already bitched to them so many toimes regarding my family overseas and how they suffer due to the changes, I think they do genuinely worry about my mental status should they totally split us up- (hahaha-yeah right). this is just my way and so far i havent been hassled too much. I hate the frequent travel and get pretty sketchy in crowds but knowing i have to do this to keep my family together gives me direction.
So I suggest the mani thing is to spend just over 6mths in oz and u should be ok. Just keep your ties abroad to a minimum and your ties here stronger with a permanent address etc.
just my opioion...
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Post by Banjo on Sept 21, 2013 6:06:49 GMT 7
Good advice
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