[LenT420]

I came to Australia on a Student visa (500) to take up a 2-year Bachelor's degree course. I finished my studies last January 2017 and have subsequently applied for a Temporary Graduate visa (485) on February 2017.

The problem was, I submitted my 485 visa application through the Graduate Work stream instead of the Post-Study Work stream, which was a genuine mistake on my part, and it led to my application being refused on the basis of not having initiated a skills assessment.

I just received the visa decision and refusal notification a few days ago, and I am contemplating on what options I have available and which next steps to take.

With regards to that, I have a few questions:

1. Is it possible for me to lodge a new 485 visa application without having to leave Australia, obtaining another substantive visa, and then coming back?

2. What are the chances of a successful appeal with the AAT in my case?

Any advice would be greatly appreciated. Thank you.

 

[gbat6529]

Hi LenT420, How did you go with this? I hope you were able to work it out?

My girlfriend has made the same honest mistake and is now being told she can either get a skills assessment and apply for the Graduate stream (only 18 months) or Withdraw her application and start again.

Specific questions:

- Is there really no way they can amend the current application? It is the same visa just a different stream,

- Will she even be able to get a skills assessment based on her Australian education since skills assessments are designed for assessing overseas qualifications?

- If she withdraws her current application, will she surrender all fees already paid and need to pay for an entirely new application?

Your experience with this matter could be really helpful. If you had success then perhaps the contact of anyone helpful that you spoke with could be of assistance too.

Thanks

 

[Skybluebrewer]

Edit: comment irrelevant to thread deleted.

 

[LenT420]

Hi gbat6529,

Just an update to my situation above: I decided to lodge an appeal with the AAT to review the decision. I consulted with multiple lawyers and migration agents about the possibility of the decision being overturned, and have received mixed responses, though one lawyer said that with the circumstances of my visa application there might be a slim chance of success.

With the AAT appeal ongoing, I have also applied for state nomination, and subsequently received an invitation to apply for a 489 visa. Since I am on Section 48 bar due to the 485 refusal, I would then have to go offshore to lodge the 489 application. I don't know if this information applies to your situation at all, but I hope this helps.

Cheers.