[Sheena1]

Hi!
So I had applied for my Post study work visa / 485 and I just heard back from the department stating it has been refused on the basis that I did not have health insurance. It was a genuine mistake on my part however the decision has been made and I have the option to appeal at the MRT.

Now I wanted to know if I can apply all over again for 485 visa? As far as the prerequisites are concerned I fulfill all the requirements. My student visa expired less that six months back(still have over 2 months) so I fulfill that criteria as well. Is it possible for me to go back to my country and apply for a tourist visa to Australia and on that visa apply for 485 again assuming that I fulfill all requirements ?
Or is that not a realistic option. Do you think that they would bar me from making further visa applications on my tourist visa? Such as condition 8503 – no further stay.
I am hesitant to make an appeal to the MRT as its A- time consuming B- there is no guarantee of a positive outcome and C- having constant fear and anxiety. I would really appreciate any advice that you could offer!

Reply

 

[Penn]

Hi Sheena1,
I have the same case as you, just want to know how you solve this problem? Please kindly give some advise to me!
Thanks!

 

[Visa Expert Australia]

To be able to grant SC485, all visa criteria must be satisfied, including health cover.

If applicant failed to meet any visa criterion, then the visa will be refused and generally won't assess all other criteria, some applications may have multiple issues.

Some mistakes are fatal, it can't be cured.

It is possible to reapply, but only if you meet all Sch 1 and 2 requirements, and no s48 bar.

Hi!
So I had applied for my Post study work visa / 485 and I just heard back from the department stating it has been refused on the basis that I did not have health insurance. It was a genuine mistake on my part however the decision has been made and I have the option to appeal at the MRT.

Now I wanted to know if I can apply all over again for 485 visa? As far as the prerequisites are concerned I fulfill all the requirements. My student visa expired less that six months back(still have over 2 months) so I fulfill that criteria as well. Is it possible for me to go back to my country and apply for a tourist visa to Australia and on that visa apply for 485 again assuming that I fulfill all requirements ?
Or is that not a realistic option. Do you think that they would bar me from making further visa applications on my tourist visa? Such as condition 8503 - no further stay.
I am hesitant to make an appeal to the MRT as its A- time consuming B- there is no guarantee of a positive outcome and C- having constant fear and anxiety. I would really appreciate any advice that you could offer!

Reply

 

[Jeremy Hooper]

Regulation 485.215
(1) When the application was made, it was accompanied by evidence that the applicant had adequate arrangements in Australia for health insurance.

(2) The applicant has had adequate arrangements in Australia for health insurance since the time the application was made.

As you did not provide the evidence with the application was made your application did not meet the criteria. Therefore it was refused.

If it is less than 6 months since you completed your course the best thing you can do is to depart Australia and get a visa to come back and lodge a new application. It must be lodged in Australia.

Going the AAT will not help. You will lose your case. It will take a year cost a lot of money. You would be better off working to solve the problem.

 

[Penn]

Dear Jeremy,
Thanks a lot for your advise.
If I depart Austrilia and apply a tourist visa to come back, will they refuse my tourist visa since I had a refusal record on 485?
Also, I already submitted my EOI for PR ( I got 60pts right now) and attending a translate class (having examination to get addtional 5pts on December) and I have to quit my job if i have to leave Austrilia, I really don't know how to do. Please help!
Thanks!

 

[Jeremy Hooper]

You have a number of issues to address. I suggest the Forum is not the best place to seek answers. I recommend that you seek the advice of an experienced Registered Migration Agent.

 

[Penn]

Dear Jeremy,
Thanks again! I will go for it.

 

[ampk]

Penn, you have had 2 Registered Migration Agents reply to you both have been registered for around 15 years.

The first 2 digits of their MARN # are the year they were first registered in both the above 2001

 

[Penn]

Thanks a lot for everyone here!

 

[Liz1030]

Hi Penn,
How did it go with ur re-application for 485? I am recently in a same situation, got mine refused coz I didn't have a Police check.
Could u kindly advice me how I can apply for my visitor visa to come back with a 485 refusal here? I'm leaving tmr.
Thank you for your time!

Liz

 

[Liz1030]

Hi!
So I had applied for my Post study work visa / 485 and I just heard back from the department stating it has been refused on the basis that I did not have health insurance. It was a genuine mistake on my part however the decision has been made and I have the option to appeal at the MRT.

Now I wanted to know if I can apply all over again for 485 visa? As far as the prerequisites are concerned I fulfill all the requirements. My student visa expired less that six months back(still have over 2 months) so I fulfill that criteria as well. Is it possible for me to go back to my country and apply for a tourist visa to Australia and on that visa apply for 485 again assuming that I fulfill all requirements ?
Or is that not a realistic option. Do you think that they would bar me from making further visa applications on my tourist visa? Such as condition 8503 - no further stay.
I am hesitant to make an appeal to the MRT as its A- time consuming B- there is no guarantee of a positive outcome and C- having constant fear and anxiety. I would really appreciate any advice that you could offer!

Reply

Hi Sheena,
Have you eventually got ur 485? I'm recently in the same situation, and going home tmr to apply for a visitor visa to come back. I'm concerned about how I should get it by fulfilling the Genuine Tourist Requirement. Could u kindly give me some advice please?