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Harry Sagoo

Over-claimed points for subclass 190

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Hello Everyone 

My friend applied for subclass 190 and he unintentionally claimed 5 extra points that he could not prove so his application has been refused by the immigration department.

Over claimed points relates to work experience. His work experience starts from feb 2014 and he accidentally pressed Feb 2013. Case officer mentioned that she is satisfied with all the other documents but due to this mistake she refused the application. Can someone please help with guidance. your help will be much appreciated. 

Please advise me whether should he apply for AAT or not?

Would he be able to win the merit review?

What would be the best option for him?

Thank you 

Edited by Harry Sagoo
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As a general comment, because I haven’t seen the file, a visa cannot legally be granted if the applicant has fewer points than they claimed in the EOI. The best advice is to consult a registered migration agent, who can look at all the circumstances and advise accordingly. It’s needs to be done soon, but I wouldn’t hold out too much hope based on what you say. 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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I can't imagine they would have much luck in an appeal. If they did could you imagine the outcry from all the people in the "queue" who also would have been given their opportunity to apply if they had also overclaimed their points and just expected to be able to say "Oh, sorry!" when caught out.

I appreciate it could be a simple error (as you suggest) but you are encouraged to check and double check your application and warned many times in the process that if you over claim you will be denied a visa

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Some applicants claim points and do not submit evidence that satisfies a delegate and some think that having an academic qualification positively assessed by a skills assessing body meets the Australian Study Requirement. There are other ways of over claiming. I have never had a client who over claimed points, but I was informed about a policy of granting a visa in cases where an invitation would have been issued after the over claimed points were deducted. 

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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