Migration Review Tribunal - Possible if application withdrawn

[burmtra]

Ive submitted a 186 application though it is due for refusal in a couple of days.

 

The case officer is implying that I should withdraw the application within the next couple of days or he will refuse it though am wondering whether if I do do this I would not be eligiable then to refer the decision to http://www.mrt-rrt.gov.au/ for a decision review?

 

 

Thanks

[Guest GeorgeD]

Why is it going to be refused?

[Quinkla]

If a case officer it advising you to withdraw an application then it would almost certainly be in your best interests to do so. This would mean that if you ever applied for a visa in the future with a better case, you would not have to say that you had had a previous application refused.

 

Going to a Review Tribunal would probably take from 8 months to several years to reach a decision depending on the reason for refusal. I doubt that your prospective employer in Australia would thank you for dragging them into that.

[Raul Senise]

Ive submitted a 186 application though it is due for refusal in a couple of days.

 

The case officer is implying that I should withdraw the application within the next couple of days or he will refuse it though am wondering whether if I do do this I would not be eligiable then to refer the decision to http://www.mrt-rrt.gov.au/ for a decision review?

 

 

Thanks

 

You can not apply to the MRT to review a decision if there is no decision to review.

[burmtra]

My employer submitted their nomination under the incorrect ANZSCO code that what I had a skills assessment for (under direct entry) and therefore their nomination wasn’t valid (though nobody told me that and the letters the department issued to my company did not refer to the ANZSCO code which the nomination had been approved under so I unwittingly submitted my application to be told this). Basically I will lose my application fee which I paid myself of $3060 the case officer says (whether I withdraw or its refused). I’ve just spoken to the migration tribunal and they’ve told me not to withdraw.

[Quinkla]

The MRT would take for ever to hear your case and would probably find that the visa was corerctly refused if your application and the nomination didn't match. It sounds like the DIAC advice is to withdraw this one and submit a fresh one that you and your sponsor have managed to coordinate between you. Losing $3000 is annoying but migration is an expensive process and it's just one of those things. Maybe, if the company stuffed up, they might help you with a resubmission fee.

[Raul Senise]

My employer submitted their nomination under the incorrect ANZSCO code that what I had a skills assessment for (under direct entry) and therefore their nomination wasn’t valid

An incorrect ANZCO code would not make a nomination invalid. If the nomination was invalid, the visa application would also have been invalid and no fee charged.

(though nobody told me that and the letters the department issued to my company did not refer to the ANZSCO code which the nomination had been approved under

But the nomination approval specifies an occupation which directly relates to ANZCO.

so I unwittingly submitted my application to be told this). Basically I will lose my application fee which I paid myself of $3060 the case officer says (whether I withdraw or its refused). I’ve just spoken to the migration tribunal and they’ve told me not to withdraw.

If you don’t withdraw you will have the right of appeal, however, does the case stand any chance of success at MRT?

 

I would recommend that you obtain some professional advice before you undertake a review process which will be expensive, time consuming and potentially leave you in a worse visa situation than you currently are.

[burmtra]

Originally Posted byABA

'But the nomination approval specifies an occupation which directly relates to ANZCO.'

 

Yeah that's what I expected (as I have a colleague who had a nomination approved for the old version of the 186 and his did specify the ANZSCO code and ANZSCO Job title) but the letters which were sent regarding the lodgement and approval of my nomination didn't stipulate the occupation or ANZSCO code.

[blossom]

Could it be that the anzco code which they think you should have gone under is one which is not eligible for sponsorship?

[wrussell]

Ive submitted a 186 application though it is due for refusal in a couple of days.

 

The case officer is implying that I should withdraw the application within the next couple of days or he will refuse it though am wondering whether if I do do this I would not be eligiable then to refer the decision to http://www.mrt-rrt.gov.au/ for a decision review?

 

 

Thanks

 

You have made and are making several mistakes:

 

1. You ran a complex case without professional advice.

2. You did not check the facts at each stage of the matter.

3. You seem to be inclined to take migration advice from a public forum and DIAC/MRT officers.

 

You might note:

 

It is not unheard of for the MRT to permit a change of nominated occupation. I am not advising that this would apply in your case - do some research.

[burmtra]

Originally posted by blossom79 - "Could it be that the anzco code which they think you should have gone under is one which is not eligible for sponsorship? "

 

No they are both skills which can be sponsored on ENS but the one I have a skills assesment for is not the one my nomination is approved for (even though I have a colleague with the same employment contract\responsibilites who is sponsored on direct entry).

 

All help is greatly appreciated.

[Akki]

Hi,

can anyone guide me to withdraw of my MRT appliction?

 

Thanks