visa refusal, MRT questions

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visa refusal, MRT questions


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Old 05-07-2013, 03:33 AM
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Exclamation student 573 visa refusal, MRT questions

hey everyone my name is Ellen. I am just registed here and i wish that someone can help.

the procedure of refusal of student 573 visa application is:

visa expired for 2 months - got a BVE - made student visa 573 application - be refused - lodeged application for MRTwithin 21 refusal days - going to hearing at the end of May now

1.Do you guys think there is any possibility to get my student visa back via MRT?
2.How?
3. what sort of evidence or support documents would be persuasive?
4. what is the regular argument like in MRT hearing?
5. how to get as much time as possible to stay in australia lawful?

THX!!!!!!!!!!!!!!!


Last edited by biantamani; 05-09-2013 at 12:56 PM.

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Old 05-08-2013, 10:31 PM
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were you illegal for 2 months? which visa had you arrived on?

Honest opinion? no chance- what are you offering Australia?


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Old 05-08-2013, 11:37 PM
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Hi -

In most circumstances with a subclass 573 visa you have 28 days from the date your previous student visa ceases to make application for another one, but the regulations in this area are a bit complex and require careful reading to make sure you understand all of your rights.

The MRT can be very helpful if the specific requirement you are refused on is a time a decision requirement, because the MRT essentially is a new visa decision. However if a requirement is a time of application requirement, often the MRT is not as effective since they must use the same regulations that DIAC did in looking back to the time of application. The good news is that you can bring in new evidence to an MRT case, so if there was evidence that DIAC did not have or did not consider, the MRT can and will consider it.

Best,

Mark Northam

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Old 05-09-2013, 02:23 AM
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Quote:
Originally Posted by shingle View Post
were you illegal for 2 months? which visa had you arrived on?

Honest opinion? no chance- what are you offering Australia?
Thanks for your honest reply, Shingle. This is also what i thought.
Maybe no more chance.
I am a student at the moment and I was holding student visa 573 before it expired. I am now still in university and have half more years to finish my bachelor. May go for Minister intervene after MRT.
Thx anyway.

Ellen


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Old 05-09-2013, 02:27 AM
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Quote:
Originally Posted by MarkNortham View Post
Hi -

In most circumstances with a subclass 573 visa you have 28 days from the date your previous student visa ceases to make application for another one, but the regulations in this area are a bit complex and require careful reading to make sure you understand all of your rights.

The MRT can be very helpful if the specific requirement you are refused on is a time a decision requirement, because the MRT essentially is a new visa decision. However if a requirement is a time of application requirement, often the MRT is not as effective since they must use the same regulations that DIAC did in looking back to the time of application. The good news is that you can bring in new evidence to an MRT case, so if there was evidence that DIAC did not have or did not consider, the MRT can and will consider it.

Best,

Mark Northam
Thank you very much for your kind reply. But can you tell me deeply what sort of evidence might be effective or useful to save my student visa? I have researched a lot of cases in Austlii, but all of the people came with the same case with me were failed in MRT. Do you think Minister intervene will work?

Thank you friend~

Ellen


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Old 05-09-2013, 10:51 AM
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Ellen- what you need if you are going to go down the MRT route is expert support from a MARA reg'd agent- & one who understands the intricate legalities involved; which means it would cost you a fortune anyway.
Might it be a better idea to finish your studies/training in an occupation that fits with the SOL/CSOL lists & then apply directly for a skilled visa? or at least one with a sponsoring employer?


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Old 05-09-2013, 12:54 PM
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Quote:
Originally Posted by shingle View Post
Ellen- what you need if you are going to go down the MRT route is expert support from a MARA reg'd agent- & one who understands the intricate legalities involved; which means it would cost you a fortune anyway.
Might it be a better idea to finish your studies/training in an occupation that fits with the SOL/CSOL lists & then apply directly for a skilled visa? or at least one with a sponsoring employer?
yeh you are correct, this might be the best way to go. I am studying international business and trying to find sponsorship in remote regions. but it might not be that easy. you seems so professional, lawyers also give same answers with you.
but is there any employee would like to employ a person without much working experience straight away?


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Old 05-09-2013, 02:27 PM
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Hi Ellen -

If you were refused on a time of application requirement, and that requirement is a "black & white" requirement (ie, a clear choice, no "wiggle room" or room for interpretation), then it's very likely you will not succeed at the MRT, and will then have the option of Ministerial Intervention which is essentially an opportunity to beg the Minister for a visa based on unusual/exceptional/unfair aspects of how the regulations were applied in your case (among other reasons).

Sorry I don't have better news! Please advise if I can assist further -

Best,

Mark Northam



Quote:
Originally Posted by biantamani View Post
Thank you very much for your kind reply. But can you tell me deeply what sort of evidence might be effective or useful to save my student visa? I have researched a lot of cases in Austlii, but all of the people came with the same case with me were failed in MRT. Do you think Minister intervene will work?

Thank you friend~

Ellen

__________________
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Immigration Lawyer and Registered Migration Agent

LLB, GradDipLaw, GradCertMigrLaw, BBA(Acctg) MARN 1175508
Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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Old 05-10-2013, 09:09 AM
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Quote:
Originally Posted by shingle View Post
Ellen- what you need if you are going to go down the MRT route is expert support from a MARA reg'd agent- & one who understands the intricate legalities involved; which means it would cost you a fortune anyway.
Might it be a better idea to finish your studies/training in an occupation that fits with the SOL/CSOL lists & then apply directly for a skilled visa? or at least one with a sponsoring employer?
Are you sure? I do not think you can apply for a skilled migration visa when you are on a Bridging Visa E (although I am not sure, either).


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Old 05-10-2013, 09:13 AM
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The main issue here is that you cannot apply onshore if you have an onshore refusal and have not departed Australia yet, other than applying for a partner or protection visa (or bridging visa in certain cases).

Best,

Mark Northam


Quote:
Originally Posted by ProblemChild View Post
Are you sure? I do not think you can apply for a skilled migration visa when you are on a Bridging Visa E (although I am not sure, either).

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Northam Lawyers http://nlaw.com.au [email protected]
Co-Host, Coming 2 Oz live video show: https://www.facebook.com/groups/coming2oz/

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