exclusion period

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exclusion period

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Old 01-10-2014, 04:17 AM
Junior Member
Join Date: Jan 2014
Posts: 2
Users Flag! From india

exclusion period

Hello Senior members!!
I have applied for STUDENT VISA but I come to know from Visa Officer that I got exclusion period in that regards I am going to put this letter on. And, I want to know from you people if I need something else to put in order to get visa successfully granted.
An objection has been raised that my application will be refused on the following grounds:

Based on departmental information currently available to me, your application is likely to be refused on the grounds that you do not satisfy criteria for this class of visa because you do not satisfy public interest criterion 4014 in Schedule 4 of the Migration Regulations 1994.
You do not satisfy public interest criterion 4014 in Schedule 4 of the Migration Regulations 1994 as you have applied for the visa within 3 years of departing Australia on a Bridging Visa E (departure date: 09/09/2012)

I would here like to state some points as follows:

1. My initial student visa expired on 02 June 2010
2. I applied for extension and was refused on 6th July 2010 because my agent did not send the documents when asked by DIAC
3. I filed for Migration review Tribunal on 20th July 2010 which was refused on 19 March 2012 ( At this time I was on Bridging visa C). I would like to mention here that I had filed for a review because of negligence by my agent who did not attach/ send documents as and when asked by DIAC. The agent had told me that I should join the classes when I will get my new extended visa. While the Tribunal refused stating that I had not attended my classes. The information provided by my agent on whose experience I was depending spoiled my case.
4. After the refusal by Tribunal , I was on bridging visa E. Meanwhile I filed for Ministerial Intervention on 24th April 2012 and also lodged a complain with OMARA against my former agent on 12 June 2012.
Since my case was still under process, I did not leave Australia. In addition to it, I was
not aware that if I do not leave with 28 days- the 3 year clause with respect to r
reapplying will be applicable on me (PIC 4014)
5. Unfortunately, the decision by The Minister was not in my favour. I received a letter on 22nd August 2012 which stated that I should leave before 10th sept 2012 as my bridging visa E expires on the same date and I flew out of Australia on 9th Sept 2012. During this period I was on Bridging Visa E only. Accordingly then I did not break the PIC 4014 clause as I left the country well in time.

I believe that I have not broken any rule & was a lawful student. Hence will request you to consider my application for student visa. I am an international student joining my Bachelors degree at ICHM and intend to complete successfully as I want to make a career in the related industry.

If there is anything else you would like to know from me, I will be happy to provide the information.

With Regards

Sandeep Kochhar

  #2 (permalink)  
Old 01-10-2014, 04:41 AM
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Join Date: Nov 2012
Posts: 9,033
Users Flag! From usa

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You may want to consider seeking advice from a professional migration agent. A 3-year ban is automatic when you leave the country while on a Bridging Visa E, which it sounds like you did from the above letter.

Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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