175 visa rejected - Page 2

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175 visa rejected - Page 2

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Old 12-08-2009, 09:14 PM
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Hi Dorata,

I take your point about the purpose of the English language criteria although do not entirely agree with your interpretation of its purpose. I believe that the English language is a time of lodgement criteria, partly to avoid applicant’s taking multiple tests during the processing of the application and thus delaying processing. Also, as there are on shore options such as 885 visas, it avoids people applying when they do not meet English language criteria, being granted a bridging visa and then delaying processing while they try to improve their English.

I do however, think it is a bit harsh that English is not in schedule 1 and thus allows one to make a valid application and pay their money, only to be refused on schedule 2, time of lodgement criteria, for not having English.

What does surprise me is the number of people who still lodge applications without an IELTS test because a friend told them to, or friend did it that way years ago and are then surprised when their application is refused. English has now been a time of lodgement criteria for a long time.

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Old 12-10-2009, 01:02 PM
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Dear shattered dreams,
I have written a long reply with advice but, unfortunately, the system did not accept it (something to do with loging in since uploading a window???) So, rather than re-doing my advice I simply say that you have get your FOI file asap and then you can complain to the Ombudsman but only about DIAC, not the agent. However, this will not give you a visa. Also, just because they say you do not rights of review, doesn't mean you can't take them to court. It might be a difficult, lengthy and costly process but many people succeed.
What is your occupation? Maybe you qualify for 'exceptional circumstances' regarding age and could get in through some other door?
When you get your FOI file I can look at it, if you wish, and advise more. You may contact me via e-mail [email protected].
I think there may still be some hope in your case.

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Old 01-09-2010, 07:53 AM
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175 Visa Refusal

I applied for 175 and my application was lodged on August 14,2008 and was refused on November 23,2009 with the reason that my IELTS score was not with the application at the time of lodgment, I received an email from the department giving me 28 Days to submit the result and I did that. I did not provided the IELTS score as my degree was from United States of America (Computer Engineering). As Engineer's Australia also require proof of English in form of IELTS score but in my case they recognized my qualification with out asking for IELTS score.
this confused me so when I filed with DIAC I was under the impression that I have demonstrated my English ability to the required level as Engineers Australia is a government organization ( my assumption).If some one can guide me that will be great as to weather can I get my money back and than apply or there are any other avenues of appeal. As the letter said I have no right of review.

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