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485 visa refused because of late submission - anyone else had this?

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Guest Mature student

Having attained an MBA in Sydney back in Dec 2010, I submitted my application for a 485 Graduate visa in May 2011 but found out today that the application was refused because I'd exceeded the 6-month application window allowed by one week. The delay was the only reason the visa was refused. I'm now in the process of submitting an appeal to the tribunal board, and I wondered if anyone else has experience in dealing with the tribunal board? I've heard that they always uphold the decision made by Dept of Immigration unless THEY have made a mistake. Is this true? Is there no option for leniency on their part even though the late submission was a genuine mistake on my part? Also, am I still able to apply for a different visa while my appeal is heard?? Trying to find any avenue possible to stay in Australia which I now consider my new home.

 

Any advice/suggestions would be much appreciated. And don't worry, I'm not expecting legal advice, just hoping to hear from anyone who has gone through something similar. :cool:

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Welcome to the forum, personally I think you need to talk with an agent ASAP.


If you are depressed you are living in the past. If you are anxious you are living in the future. If you are at peace you are living in the present.

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Guest peilovecas

hi dear! im in a really similar situation as you LOL

submitted my application for only 1 week late!!! #$#$%$%

haha

so how did u go with MRT?? as i know it takes at least 8 months to process (for 485 visa)

wonder if it affects my applications for other working visa as well...

did u get any good advice?

 

fingers crossed for both of us !! xo! :arghh::biglaugh:

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Having attained an MBA in Sydney back in Dec 2010, I submitted my application for a 485 Graduate visa in May 2011 but found out today that the application was refused because I'd exceeded the 6-month application window allowed by one week. The delay was the only reason the visa was refused. I'm now in the process of submitting an appeal to the tribunal board, and I wondered if anyone else has experience in dealing with the tribunal board? I've heard that they always uphold the decision made by Dept of Immigration unless THEY have made a mistake. Is this true? Is there no option for leniency on their part even though the late submission was a genuine mistake on my part? Also, am I still able to apply for a different visa while my appeal is heard?? Trying to find any avenue possible to stay in Australia which I now consider my new home.

 

Any advice/suggestions would be much appreciated. And don't worry, I'm not expecting legal advice, just hoping to hear from anyone who has gone through something similar.

 

Based on the information in your post, it is unlikely that you will succeed at MRT as you do not appear to have met the Regulations for the visa.

 

MRT can not order the department to be lenient and making a genuine mistake is not a reason for MRT to overturn a decision. They are only able to rule on whether the decision was correct according to the Regulations.


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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Guest Mature student

As an update, and as a word of warning to anyone else in my position, I sought legal advice regarding my situation and was told exactly what ABA has posted above - the MRT is not there to grant leniency, it exists merely to ensure that the visa regulations are being upheld by the DIAC. In my case, I did not meet the timescale regulation (regardless of by how much) and therefore I had no grounds on which to lodge an appeal. It would be a waste of time and money to do so. I did discover that because the decision to decline my visa was not due to character failings, it would NOT affect any future visa application I might make. Therefore, I begrudgingly left the country for about 3 weeks then was able to return on a temporary tourist visa. As this is a substantive visa, I am now able to apply again for other visas whilst residing in Australia, although realistically my options are limited to either finding employer-sponsorship or getting a student visa to do another degree course. Back to square one.... :-(

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As an update, and as a word of warning to anyone else in my position, I sought legal advice regarding my situation and was told exactly what ABA has posted above - the MRT is not there to grant leniency, it exists merely to ensure that the visa regulations are being upheld by the DIAC. In my case, I did not meet the timescale regulation (regardless of by how much) and therefore I had no grounds on which to lodge an appeal. It would be a waste of time and money to do so. I did discover that because the decision to decline my visa was not due to character failings, it would NOT affect any future visa application I might make. Therefore, I begrudgingly left the country for about 3 weeks then was able to return on a temporary tourist visa. As this is a substantive visa, I am now able to apply again for other visas whilst residing in Australia, although realistically my options are limited to either finding employer-sponsorship or getting a student visa to do another degree course. Back to square one.... :-(

 

May I suggest you consult a registered migration agent to develop a strategy?


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Guest peilovecas

hi dear :)

 

i thought your MRT were in process but now you are going to be a square one again LOL back to uni?

 

so did u apply for the MRT? As I know it takes time to process and while you are waiting for the decision you can still work FULL TIME in Australia, isnt it?

 

I am just about to appply for the appeal from MRT... as I need to gain another half year working experience...

 

it will be much easy to get PR then :)

 

why dun you try to get your PR dude?:cute:

 

Cheers,

 

CAS

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Guest Mature student

Haha, well if only it was that easy!! Getting PR is the ultimate goal, but at present I don't qualify. When I started my MBA it could be used to obtain a General Skilled Visa, but during my course the DIAC changed the rules and removed business-related skills from the Skilled Occupations List, meaning that PR wasn't an option after graduation. There were transition arrangements in place for people in my position, but these were limited to allowing me to apply for a Graduate Visa (18 month temporary visa) with a few to obtaining employer-sponsorship that could lead to PR. I found that, in practice, employers are very reluctant to employ anyone without PR, let alone someone on a bridging visa awaiting a decision on another temporary visa - some employers insist on CITIZENSHIP only! I was actually offered a job only to have the application cancelled when I informed them that I did not have PR!!

 

I did not submit an appeal to the MRT in the end, it would have been a waste of $2500 just to prolong my bridging visa for a bit longer. Yes, you still have full work rights while the appeal is heard, but I was told that this occurs within 8 WEEKS of submission so the extra work experience would be negligible. Also, as well as being unable to leave the country while the appeal goes through, you cannot apply for any other type of substantive visa, therefore even if an employer offers to sponsor you your nomination would not be accepted!

 

So, my strategy (which was suggested by a migration agent) is to enroll back at university in an IT-related course and seek part-time employment with a firm known to offer sponsorship. I will either obtain PR through sponsorship after proving myself, or end up with another Masters degree (you can never have too many! lol!) which can be used to get a skilled visa. Not a perfect solution I admit, but it has legs....

 

Good luck with your appeal if you do submit it, I hope things work out in your favour!! :-)

 

All the best.

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