Advice on recent visa refusal

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Advice on recent visa refusal


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Old 10-28-2009, 12:26 AM
 
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Advice on recent visa refusal

Hi all,

I recently had a refusal for VE, Subclass 175 Skilled - Independent visa from the Australian Department of Immigration and Citizenship and would like your advice on my next steps.

I had applied for it myself online, choosing to avoid the agencies on advice I had been given.
The summary of the decision is that I had delayed attaching my Skills Assessment to the Visa application,
instead attaching evidence of the skills assessment I had undertaken. I then attached it later, when I received the formal approved Skills Assessment letter. The Immigration agent said that since I had attached it later, I was in breach of their legislative requirements and thus refused. I have inserted a summary of the decision below, with the dates removed for security reasons.


Your application was lodged on XX June 2009. Whilst you have submitted a favourable skills
assessment from the Australian Computer Society in your nominated occupation of Unix
Specialist
(ASCO: 2231-79), the skill assessment is dated X September 2009 and was therefore determined
after the date on which you lodged your application. As it is a legislative requirement that at the
time of application your skills must have been assessed by the relevant assessing authority as
suitable for your nominated skilled occupation I find that you are unable to meet the requirement
of clause 175.212(1).



Does anyone think this decision was a bit harsh and if so, is there a possibility of appealing it?
Otherwise, the only other option is to go and spend another $2525....

Many thanks.


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Old 10-28-2009, 02:32 AM
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From a personal sense it does seem harsh but the essence in the rejection is the legislation, ie.
Quote:
As it is a legislative requirement that at the
time of application your skills must have been assessed by the relevant assessing authority as
suitable for your nominated skilled occupation I find that you are unable to meet the requirement
of clause 175.212(1).
Immigration regulations are defined under legislation for a very good reason and that is so applications are assessed on a consistent basis and an orderly approach is followed, be it GSM visas or other streams.

You may appreciate that there is a system handling several hundred thousand applications annually with a limited number of staff and without an orderly approach, chaos would quickly develop.
The application forms, particularly with a points assessed type make it obvious that a Qualification assessment is necessary and indeed there is a Checklist in the application section which also should have focused your attention to requirements.

The immigration officers, COs doing assessment have no option to interpret the regulations as defined by legislation otherwise they can be held to be breaking the law.
Personally, I'd not think you stand much chance of appealing the decision and you may find the cost of doing so could be even higher than a new application fee.

The whole concept of a DIY approach is to thoroughly read all the immi web site info, twice, three times and more if need be to understand what is there including all links and the Booklet [#6 for a 175] and follow the instructions.
If still uncertain there is a visa enquiry service you'll find under "contact" on the top header bar.

No short cuts this time.





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Old 10-28-2009, 09:17 PM
 
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Thanks Wanderer!

Many thanks for your insightful and informative reply Wanderer, you've given me food for thought - I'm gonna make sure I know the rules inside out this time

Cheers,
Martin.


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Old 10-29-2009, 02:38 AM
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Quote:
Originally Posted by ma11achy View Post
Hi all,

I recently had a refusal for VE, Subclass 175 Skilled - Independent visa from the Australian Department of Immigration and Citizenship and would like your advice on my next steps.

I had applied for it myself online, choosing to avoid the agencies on advice I had been given.
The summary of the decision is that I had delayed attaching my Skills Assessment to the Visa application,
instead attaching evidence of the skills assessment I had undertaken. I then attached it later, when I received the formal approved Skills Assessment letter. The Immigration agent said that since I had attached it later, I was in breach of their legislative requirements and thus refused. I have inserted a summary of the decision below, with the dates removed for security reasons.


Your application was lodged on XX June 2009. Whilst you have submitted a favourable skills
assessment from the Australian Computer Society in your nominated occupation of Unix
Specialist
(ASCO: 2231-79), the skill assessment is dated X September 2009 and was therefore determined
after the date on which you lodged your application. As it is a legislative requirement that at the
time of application your skills must have been assessed by the relevant assessing authority as
suitable for your nominated skilled occupation I find that you are unable to meet the requirement
of clause 175.212(1).



Does anyone think this decision was a bit harsh and if so, is there a possibility of appealing it?
Otherwise, the only other option is to go and spend another $2525....

Many thanks.
Unfortunately the skills assessment criteria for the subclass 175 visa is a “time of lodgement” criteria. This means that you must already have a positive when you lodge your visa application.

Raul T Senise Registered Australian Migration Agent, MARA No. 0636699


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