485 refused applied early.

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485 refused applied early.


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Old 03-18-2020, 01:06 PM
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Please update your flag here .

485 refused applied early.

done since not obliging to my request.


Last edited by bucksgiannis; 04-04-2020 at 04:09 PM.

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Old 03-18-2020, 07:56 PM
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In some cases it is possible to leave Australia, return on a visitor visa and reapply.
With the current travel restrictions, this is almost certainly not a viable option.

The prospects of being nominated/invited for some other visa is zero. Having been refused a visa onshore, you are s48 barred from applying onshore, except for a protection visa.

From what you have posted, your only viable option is to lodge an AAT review application that would certainly fail, but would keep you legally in Australia on your current Bridging visa A conditions until the AAT made a decision. This might be a long time, possibly years. You do not need to engage the services of a lawyer for this. It would probably be less costly to engage the services of a registered migration agent who is willing to lodge an application that has no prospects of success.

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Old 03-18-2020, 08:19 PM
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Please update your flag here .

done since not obliging to my request.


Last edited by bucksgiannis; 04-04-2020 at 04:09 PM.

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Old 03-18-2020, 08:48 PM
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Here is the regulation:


MIGRATION REGULATIONS 1994 - REG 1.15F
Australian study requirement
(1) A person satisfies the Australian study requirement if the person satisfies
the Minister that the person has completed 1 or more degrees, diplomas or trade
qualifications for award by an Australian educational institution as a result of a course
or courses:
(a) that are registered courses; and
(b) that were completed in a total of at least 16 calendar months; and
(c) that were completed as a result of a total of at least 2 academic years
study; and
(d) for which all instruction was conducted in English; and
(e) that the applicant undertook while in Australia as the holder of a visa
authorising the applicant to study.
Note Academic year is defined in regulation 1.03.
(2) In this regulation:
completed , in relation to a degree, diploma or trade qualification, means having met
the academic requirements for its award.
Note The academic requirements for the award of a degree, diploma or trade
qualification do not include the formal conferral of the degree, diploma or trade
qualification. Therefore, a person can complete a degree, diploma or trade
qualification, for subregulation (2), before the award is formally conferred.
degree has the meaning given in subregulation 2.26A (6).
diploma has the meaning given in subregulation 2.26A (6).
trade qualification has the meaning given in subregulation 2.26A (6).

Here is the policy:
Met the academic requirements for award (conferral)
Completed is defined in regulation 1.15F(2) to mean having met the academic requirements for the award of the degree, diploma or trade certificate.
As indicated in the accompanying note in the regulation, the academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification before the award is formally conferred.
The critical date
The critical date is the date on which the results of the student’s final exams or of completion of the course were available or published. This could be (as examples only):
a letter to the student regarding their final exam results
notification on the Internet
notification in the newspaper or
notification on the university bulletin board.
This date is relevant because from this date the assessing bodies can undertake a skills assessment. Although the degree certificate generally shows the date of award or conferral, that information is not applicable in this instance. Evidence is required of the date of completion of the course, not the date of conferral of the degree.
The completion date of an applicant’s Australian studies is also relevant to case officers as applicants must have completed their qualification in the 6 months immediately before having applied for an onshore visa.
************************************************** ****************************************
It is not sound practice to rely on the publications of course providers, or those of the immigration department either. Go to the regulations and review the construction placed upon them by various authorities. For example. until an 'academic committee' or some comparable body has completed its machinations a student has not completed the academic requirements.

If it is any solace to you, I see a 485 disaster just about every week.
May I suggest that you take professional advice about a possible long term strategy?

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Westly Russell
Registered Migration Agent
Number 0316072
pinoyau.com

Last edited by wrussell; 03-18-2020 at 08:56 PM.

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