Critical: Need help: Visa 485 (Temporary Graduate) refused: Section 48 applies!

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree2Likes
  • 1 Post By wrussell
  • 1 Post By CCMS

Critical: Need help: Visa 485 (Temporary Graduate) refused: Section 48 applies!


Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 08-21-2019, 04:20 PM
Junior Member
 
Join Date: Aug 2019
Posts: 1
Please update your flag here .

Exclamation Critical: Need help: Visa 485 (Temporary Graduate) refused: Section 48 applies!

Dear everyone at Oz Forum,

Need your guidance about my following visa condition! Its very critical and urgent! Thanks already!

Visa 485 (Temporary Graduate Visa) refused.
As a result Section 48 applies (means I cannot apply for 485 again while I am Oz).


The department stated:
The letter of evidence of qualification confirms that you did not complete this degree in the period of 6 months ending immediately before the day the application was made. Therefore your Master of Information Systems qualification cannot be used in and by itself towards meeting the Australian study requirement for this visa.

--
Dates:
Last exam written: 14/02/2019
Final result declared: 21/02/2019
TR applied: 6/03/2019
Course Completion date granted: 11/03/2019
Student Visa expired on 15/03/2019

--

My partner is on 485 and is valid until 09/2020. We are in process to apply for our TR as de-facto. The remaining process will take around 6-10 months. We are getting our skills assessed by ACS and are at 80 points cumulative.

We have also applied at AAT for review (to 'buy' time until the case is picked and possibly overturning the decision). AAT usually takes around 400+ days to review. It may be sooner too??!!

I am planning to:
Step 1. I should leave Au by converting my current Bridging Visa A to B (BVB).
Step 2. Apply for priority visitors visa - return to Australia after a brief 'holiday'.
Step 3. Since Section 48 is no longer applicable, apply for 485 again.
Step 4. Hurray! Back on track!

Q1) Should we just focus on our PR since AAT would certainly take longer than when we are granted the PR? Does AAT take that long ALWAYS?

Q2) Before we go through this gruelling process, that's very costly, your opinion about this will be very helpful since it will strengthen our though process. Is it foolproof?

Q3) Is there any other route that we should consider?

Q4) What documents should we present at Step 2 (visitors visa)? Since my partner is working currently on 485, any documents of her may help?

Please suggest! Thanks heaps!!


Reply With Quote
  #2 (permalink)  
Old 08-23-2019, 02:08 AM
Senior Member
 
Join Date: Dec 2014
Location: Syney NSW
Posts: 4,460
Users Flag! From australia

775 likes received
366 likes given
It might pay to consult a registered migration agent for advice about possible strategies.

paulhand likes this.
__________________
Westly Russell
Registered Migration Agent
Number 0316072
pinoyau.com

Reply With Quote
  #3 (permalink)  
Old 08-23-2019, 03:59 AM
CCMS's Avatar
Senior Member
 
Join Date: Oct 2013
Location: Cairns
Posts: 6,357
Users Flag! From australia

2363 likes received
164 likes given
Send a message via Skype™ to CCMS
So even after a refusal, you are not considering professional assistance , but seeking advice on a public forum instead ?

paulhand likes this.

__________________
Nick van Voorst
Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

Reply With Quote
Reply

Tags
485, 485 australian temporary visa, aat, aat appeal, australia, australian immigration, australian immigration policy, immigration, immigration advice, immigration advisor, immigration consultant, section 48, section48, tribunal, urgent, urgent help, visa, visa 485, visa 485 refusal

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 02:08 PM.




Powered by vBulletin®
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.
AustraliaForum.com