485 refusal

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  • 1 Post By wrussell
  • 1 Post By wrussell

485 refusal


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  #1 (permalink)  
Old 04-05-2019, 02:11 PM
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Exclamation 485 refusal

Hello, my name is Ashim Zian. I am in a very big dilemma, and very confused in regard to the bad situation i am in.

I finished my Exam on 23rd January, i applied for the visa 485 on 29th January, my student visa was expiring on the 31st of January, i got my Completion letter on the 7th of February.

As my student visa was expiring on the 31st Jan, I didnít want to stay illegally, hence i applied for visa 485 on the 29th January with all the documents except for the Completion letter, however i uploaded a letter, which contained the following information.

(I have attached the ECOE on the study evidence part. However, I still did not get the completion letter from Macquarie University and it is on the process. The university mentioned, I would get the completion letter before the 9th of February. I will upload it as soon as I get it from the university. I have spoken to someone from the immigration department on the phone, and I was asked to upload this statement, to let you know about the situation. Thank you very much!). I uploaded it on 1st Feb.

Before applying i did talk to someone from the immigration, and that man asked me to apply for visa 485 before my current student visa expires.

Now i am currently on a bridging visa and i have 35 days to leave Australia and 21 days to appeal to AAT.

Should i appeal to AAT, get bridging b travel to home country apply for tourist visa stating i need the tourist visa for applying 485 visa again or should i not mention 485, and normally mention about my graduation ceremony which will be held in September, or is it better to not apply for aat and straight go back to my home country and apply for the tourist visa. If i have a bridging b, then will the immigration be like no you already have bridging b and you dont need tourist visa, or it wont be a problem.

Thank you very much for taking the time to read my post. I really appreciate it. Any sort of comment or advice would be very much appreciated. Thank you!!!!!


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Old 04-06-2019, 01:41 AM
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I know you had to, but in their view you applied too early for the 485 visa. I don't have any knowledge about your chances with the appeal. Also keep in mind that you have 6 months from the completion data written on the completion letter to apply for the 485 visa.

But regarding the visitor visa, you have to meet all its conditions so they can grant it to you, and the most difficult one is the genuine temporary entrant. My comment is and this is NOT advice: you have a good chance to get the visitor visa to attend your graduation ceremony. Make sure you apply for only one month and provide all the documents required such as financial capabilities, they will grant it to you for three months from arrival, then you can re-apply for the 485.


Last edited by bakr; 04-06-2019 at 01:43 AM.

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Old 04-06-2019, 03:40 AM
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Quote:
Originally Posted by bakr View Post
I know you had to, but in their view you applied too early for the 485 visa. I don't have any knowledge about your chances with the appeal. Also keep in mind that you have 6 months from the completion data written on the completion letter to apply for the 485 visa.

But regarding the visitor visa, you have to meet all its conditions so they can grant it to you, and the most difficult one is the genuine temporary entrant. My comment is and this is NOT advice: you have a good chance to get the visitor visa to attend your graduation ceremony. Make sure you apply for only one month and provide all the documents required such as financial capabilities, they will grant it to you for three months from arrival, then you can re-apply for the 485.


I understand! Thank you very much! However i am confused if i should apply for the Aat. Not just for the positive result but if i apply for aat and i go back to home country even if tourist visa gets refused i can still come back through aat bridging.

My question, is the immigration going to say you already have bridging visa why you need tourist visa and refuse me the tourist visa. Or if i should me tion that i want to apply for 485 visa please grant me tourist visa.


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Old 04-06-2019, 03:57 AM
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Originally Posted by zian4593343 View Post
I understand! Thank you very much! However i am confused if i should apply for the Aat. Not just for the positive result but if i apply for aat and i go back to home country even if tourist visa gets refused i can still come back through aat bridging.

My question, is the immigration going to say you already have bridging visa why you need tourist visa and refuse me the tourist visa. Or if i should me tion that i want to apply for 485 visa please grant me tourist visa.
Honestly, from what I've seen, you won't win at AAT, because you applied too early before you had your completion letters. Also, if you do apply for AAT and leave on a Bridging visa, I'd think they may deny a TV because of the BVB...but, someone correct me if I'm wrong, if you do get a TV, I think it would cancel out the BVB. It looks to me like you need to go offshore, apply for a TV or simply apply for a 485 if you can while offshore. I don't know all of the requirements for the 485, so I don't know if you can apply offshore for it. But, if I were a case officer and I saw you applied for a TV after a refused 485, I'd wonder about the "genuine visitor" requirements.

If I were you, I'd consult a Registered Migration agent. This could be a tricky situation. We have several agents who frequent this forum and there's a sticky with their names/contact information.

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Old 04-06-2019, 04:02 AM
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Thank yoh for your reply! I cannot apply for 485 from Offshore it has to be onshore. However i want to apply for aat for being just to be on the safe side. I dont know if i get tourist visa the bridging b will get cancelled or not.


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Old 04-06-2019, 04:11 AM
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Quote:
Originally Posted by zian4593343 View Post
Thank yoh for your reply! I cannot apply for 485 from Offshore it has to be onshore. However i want to apply for aat for being just to be on the safe side. I dont know if i get tourist visa the bridging b will get cancelled or not.
Yea, like I said, I'm not sure. I don't know if a BVB would be canceled or not. This is why I highly recommend a consultation with a RMA. They do know these things and with such a tricky situation as yours, I'd highly advise you to talk to a professional.

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Old 04-06-2019, 04:33 AM
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Before you commit to a course of action, I suggest that you go to my website: pinoyau.com and use the contact form so I can assess your case and let you know what your options are.

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Old 04-07-2019, 01:28 AM
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It is not fatal (as it is for some other 485 evidentiary requirements) that the completion letter did not accompany the 485 application. A review application might succeed if the completion letter confirms that the 'academc requiremets' were satisfied before the visa application was lodged. Academic requiremets includes more than satisfactorily completing all the course requirements.

It is often fatal to rely on advice from immigration department officers, as it seems to have been in this case.

When the student visa was about to erxpire, it might have been open to the OP to have lodged some other omshore visa applicaton and have been granted a bridging visa A, from which a 485 could have been lodged in due course.

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Last edited by wrussell; 04-07-2019 at 01:29 AM. Reason: sp

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