Australia Forum banner

Status
Not open for further replies.
1 - 6 of 6 Posts

·
Registered
Joined
·
6 Posts
Discussion Starter · #1 ·
HI THERE,
I NEED AN URGENT HELP ON FOLLOWING...Please.

Invitation to comment on information for a Skilled - Nominated (subclass 190) visa
Adverse information received
The Department has conducted checks to confirm the information that you provided in your
application. During this process we have received unfavourable information which does not
support your application.
It is a requirement for the grant of a Skilled - Nominated (subclass 190) visa that the
applicant satisfies Public Interest Criterion (PIC) 4020 contained in clause 4020 of Schedule
4 to the Migration Regulations 1994. Subclause 4020(1) requires that there is no evidence
before the Minister that the applicant has given, or caused to be given, to the Minister, an
officer, the Administrative Appeals Tribunal, a relevant assessing authority or a Medical
Officer of the Commonwealth, a bogus document or information that is false or misleading in
a material particular in relation to:
● the application for the visa; or
● a visa that the applicant held in the period of 12 months before the application was
made.
If there is such evidence, subclause 4020(4) provides that PIC 4020(1)(a) or (b) and
subclause 4020(2) will nonetheless be satisfied if the Minister is satisfied that:
● compelling circumstances that affect the interests of Australia; or
● compassionate or compelling circumstances that affect the interests of an Australian
citizen, an Australian permanent resident or an eligible New Zealand citizen;
justify the grant of the visa.
On 12 November 2014, you applied for a class UC subclass 457 Temporary Work (Skilled)
visa.
On 24 March 2015, in support of your claims, you provided the Department a work reference
from ____overseas employer____
On 11 November 2015, your application was approved and you were granted class UC
subclass 457 Temporary Work (Skilled) visa.
On 24 November 2016, you were sent a Record of Decision of Whether to Cancel under
Section 109 the Migration Act 1958 (The Act), which outlined that on all the basis of all the
evidence provided to the Department in relation to your visa application, the work reference
from ......OVERSEAS......... was deemed to be a bogus document.
On 24 November 2016, your class UC subclass Temporary Work (Skilled) visa was
cancelled under section 109 for non-compliance with section 103.
You held your class UC subclass 457 Temporary Work (Skilled) visa from 07 April 2015 to 24
November 2016.
On 05 September 2016, you lodged an application for a Skilled Nominated (Permanent
(class SN) subclass 190 visa. It is a requirement of this visa that all applicants meet Public
Interest Criterion 4020.
The information above may adversely affect your ability to meet Public Interest Criterion
4020(1)(b), as there is evidence before the Minister that a bogus document has been given
in relation to a visa (the subclass 457) that the applicant (you) held in the period of 12
months before the Skilled Nominated (Permanent (class SN) subclass 190 visa application
was made.
You may provide comment on the information that is considered to be false or misleading
or the document that is considered to be bogus, and specify if you believe there are any
compelling circumstances affecting the interests of Australia, or compassionate or compelling
circumstances affecting the interests of an Australian citizen, an Australian permanent
resident or an eligible New Zealand citizen, to justify the waiver of any or all of PIC 4020(1)
and (2) to justify the granting of the visa.

My query is,
I am currently on bridging visa E with full work rights and have my wife and 22 months baby.
...If i withdraw my current application, would i escape the pic 4020 consequences ( 3 years bar and scrutiny in future application)?
...if i withdraw will it confirm the previous finding against me?
.. If i received the refusal of current application, how many chances are in MRT review to win if the overseas employer agrees and give the statement in my favour in front of Tribunal review judge?
...can i apply any visa just to stay in Australia and up skill or gain more points with language and work experience for future permanent visa application?
....can i apply for any visitor or work visa for Canada so that i would be outside from Australia to re apply for Australian permanent visa and wait there.

Please help,
I have time till 24th Sept 17 to comment on that notice.
Thanks in advance
Lakhwinder singh
 

·
Registered
Joined
·
5,848 Posts
If you withdraw the application 4020 will not be engaged.
What further scrutiny might be applied to a subsequent application would depend on the particulars of your case.
 

·
Registered
Joined
·
1 Posts
Hello Lucky,
Can you please please share what you finally did with your case. I am in the same situation as yours.

Thanks
 

·
Registered
Joined
·
3 Posts
Hi Lucky and Vtallo,

Can you please share what you did?

Did you withdraw the application? Did you reapply? Please help. Desperate person here.
 
1 - 6 of 6 Posts
Status
Not open for further replies.
Top