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visa refusal--need advice!

15K views 83 replies 12 participants last post by  Mania 
#1 ·
I have been refused a 485 visa due to lack of police checks for some reason was unaware i needed. I was wondering if it were worth the review (I have since gotten the clearance from Aus, waiting on US), or if it is better to leave the country and relodge the application. I have talked to two agents with opposite advice.

has anyone been in this situation before? would this be pretty much refused through the mrt?
 
#2 ·
I have been refused a 485 visa due to lack of police checks for some reason was unaware i needed. I was wondering if it were worth the review (I have since gotten the clearance from Aus, waiting on US), or if it is better to leave the country and relodge the application. I have talked to two agents with opposite advice.

has anyone been in this situation before? would this be pretty much refused through the mrt?
When you apply for this visa you must provide evidence of having applied for an Australian Federal Police check in the 12 months before you apply.

It is a time of application requirement. I can't see any point in going to the AAT if you did not meet this requirement when you lodged the application.
 
#3 ·
The chance of success on review and how to win it will need to assessed case by case basis.

I have been refused a 485 visa due to lack of police checks for some reason was unaware i needed. I was wondering if it were worth the review (I have since gotten the clearance from Aus, waiting on US), or if it is better to leave the country and relodge the application. I have talked to two agents with opposite advice.

has anyone been in this situation before? would this be pretty much refused through the mrt?
 
#9 ·
Since a post above said they can not see why you would try review it and they are a Registered Migration Agent - I will have a guess and say it is not compulsory to review it.

Might pay to contact one of the 2 RMA's that have replied your post before you apply again - might save you money and time.
 
#12 ·
Under Eligible visas for 485

In addition, you must not:

have had a visa application refused or cancelled since last entering Australia unless you hold a substantive visa



I found the answer, i cannot apply for the second time as i'm in bridging visa. I have to review the decision, i dont have second option, i've to be in bridging visa A or 485 visa for my PYP.
 
#13 ·
It takes till page 2 for you to declare you are on a Bridging Visa?

Honestly to be blunt your "migration agent" is useless.

You still need a plan B as it is almost certain your review will fail as you did not comply at time of application with mandatory requirements. (Similar to as you know a requirement is to have a substantive visa for you now).

But best of luck.
 
#15 · (Edited)
Visa application has now been refused and you are on a bridging visa, so a further 485 is out of the question, unless you can back onto a substantive visa and still meet all requirements for the visa.

From your post, you didn't even applied for an AFP clearance, not to mention evidence accompanied to the application, and you are obviously over 16, so the change of winning at AAT is next to zero. You still can go for review which will buy you some time to explore some other options, or working very hard to make as much as possible and go home, then start again.

If you really want to win, you will need to prepare big bucks and time, as you will need to challenge the recent FCCA decision. Nguyen v Minister for Immigration & Anor [2016] FCCA 1523 (8 July 2016)
 
#22 ·
Why not just pay for a consultation and get a clear understanding of your current situation and the options open to you? It will take the guess work out of it. Fishing for bits and pieces of information here will only confuse you. After all, that application should never have been lodged in the first place without a police certificate being applied for. That is a very basic requirement that is even clearly listed on the DIBP website.
 
#24 ·
A standard review could take over 12 months. However there seems to be a tendency now to uphold refusals very quickly where the appeal clearly has no merit, so it would be foolish to assume that an appeal will always buy you a lot of extra time.
 
#25 ·
Other options

Okay, as I understand I am on a bridging visa so lodging a review because I was unable to submit an AFP before the decision, will fail in the review tribunal.

However, I have been with my partner (who is Australian) now for 3 years. Am I still eligible to apply for a defacto? Do I need to leave the country for this? Does he need to apply for this or do I?
 
#33 ·
Okay, as I understand I am on a bridging visa so lodging a review because I was unable to submit an AFP before the decision, will fail in the review tribunal.

However, I have been with my partner (who is Australian) now for 3 years. Am I still eligible to apply for a defacto? Do I need to leave the country for this? Does he need to apply for this or do I?
Under the circumstances you describe, you can apply for an onshore partner visa, but you will need to meet schedule 3 criteria or receive a waiver.

People who apply for partner visas after a recent onshore visa refusal can expect a great deal of scrutiny.
 
#35 ·
I do not have an NFS and I pass the requirements, my partner and I have been here living together for the last 3 years. I was told however by someone because I had a visa refused I have to show extenuating circumstances why I have to apply for that? Or do I just need to make sure there is over-sufficient proof of this continuous relationship?
 
#34 ·
What about an employment sponsorship? I have recently contracted for employment however with this refusal I am not left many options and I do not want to risk a job since I have not started yet. Is this a possible option with my visa being refused? Or again would I need to go offshore?
 
#36 ·
My advice is to go and see a registered migration agent and get a comprehensive overview of all your options. That is much more sensible than continuing to fish for bits and pieces of information here.I have provided as much information for free as I am prepared to do.
 
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