Australian Visa Refusal & Cancellation – Migration Review Tribunal

 

Has your visa application been refused or your visa cancelled?

You may be able to appeal this decision to the Migration Review Tribunal (‘MRT’). The MRT will re-assess the application to determine whether you meet the eligibility requirements for the visa, or the requirements for having your visa cancellation revoked.

What can the MRT do for you?

The MRT can decide that the Department’s decision is incorrect, set aside the decision and remit the decision back to the Department for reconsideration. If the matter is remitted back to the Department for reconsideration, generally speaking, the Department will grant the visa or revoke the visa cancellation once a matter has been remitted (although the Department is still obligated to undertake a complete assessment to ensure that all the relevant eligibility requirements are met).

The MRT does have the power to set the decision aside and to grant the visa, although this power is rarely used as matters are usually remitted to the Department for reconsideration.

The MRT may also decide that the Department’s decision was correct, and affirm the decision (i.e. the appeal is unsuccessful).

Who can apply for MRT review?

You may be able to apply for MRT review in the following situations:

  • You are in Australia, applied for a visa and this application was refused by the Department
  • You are in Australia and your visa was cancelled by the Department
  • You are in Australia and your visa was cancelled and your application to have the cancellation revoked was refused by the Department
  • You are sponsored or nominated by an employer or another person for a visa, and you lodged this visa application outside of Australia. Approval of the sponsorship or nomination must be a requirement for visa approval. Your sponsor or nominator may apply to the MRT for review of the decision to refuse your visa application. Individuals who may be able to apply for MRT review on this basis include applicants who are sponsored by their employer (457, 186 or 187 visas), sponsor or partner (309/100 and 300 visas), family members (carer or remaining relative visas) etc. Note: For Resident Return visas and Visitor visas, only a parent, spouse, child, brother or sister of the visa applicant may apply for review
  • You are an employer that applied for Standard Business Sponsorship and this application was refused

The MRT cannot review:

  • A decision to cancel a visa if the cancellation occurred when the visa holder was outside of Australia

If the visa applicant or holder is in Australia, then they are the person who should apply for review. If the visa applicant is overseas, then in most cases the Australian sponsor, nominator or family member makes the application for review.

The business sponsor or employer must apply for review in relation to a refusal of a Standard Business Sponsorship or nomination application.

If family members have made a combined visa application, their applications for review can be combined on one application form and only one application fee is payable.

What is the cost?

The MRT application fee is currently $1,540.00.

Half the application fee will be refunded if you are successful with your MRT appeal.

There is no refund if your application is not successful, or if you later withdraw your MRT application.

What is the time limit on applying for MRT review?

It is important to note that there are strict time limits on lodging your application for MRT appeal. The time limit will depend on the decision which is being challenged. However, the time limit within which you need to apply for MRT review is generally short.

It is important that you carefully read the refusal or cancellation notice from the Department – this will tell you whether your refusal or cancellation is MRT reviewable, and the time by which you need to submit your application for review.

The MRT cannot accept an application for review that is submitted outside of the allowed time frame. This is very strictly enforced and there are no exceptions. Therefore you must ensure that you lodge your application for review within the permitted time period.

How long do I have to wait before my matter is heard?

Generally speaking, waiting times are very lengthy. Check the MRT website for expected processing time.

If you have circumstances that may warrant the MRT treating your case with priority, you should bring this to the attention of the MRT (preferably when you lodge the application for review), together with appropriate evidence of why you require priority processing. Relevant circumstances could include:

  • being in detention
  • suffering from a serious medical condition
  • experiencing serious financial hardship, or
  • separation of a child from a parent or care giver

How does the MRT process work?

The MRT will consider your case as if it is a fresh application, and will look at:

  • All evidence, forms and interview records held by the Department
  • Any submissions or evidence which you submit to the MRT for their consideration, and
  • Any evidence provided at the hearing

The MRT also has independent power to conduct its own investigations. For example it may contact your employer, friends or family if you have provided evidence from, or about, them.

If the MRT has any adverse information about you (i.e. information which may cause the review application to fail) then it will notify you and ask you to comment on that information. If you receive such a notification it is very important that you do respond to the request for comments within the time limit specified, otherwise your review application may fail.

Generally speaking, the following events will occur when you appeal to the MRT:

  1. You will lodge your MRT application within the allowed time limit
  2. The MRT will send you a letter confirming that they have received your application. This letter also ask you to lodge any documents or information that you think is relevant to your appeal
  3. Your case will be allocated to a Tribunal Member who will review the documents relevant to your matter
  4. The Tribunal Member may be able to make a favourable decision just based on considering the documents and evidence that they have before them. If a favourable decision can be made on this basis, then the MRT will contact you once the decision is made. If a decision cannot be made based on considering only the documents and information held by the MRT, then you will be invited to provide comments or provide further information to the MRT – it is important that you do respond to this invitation
  5. In most cases, you will be invited to attend a hearing that is conducted by the Tribunal Member. Your migration agent can attend the hearing with you. However, generally speaking, your migration agent cannot act as your representative and speak on your behalf. You can speak with your migration agent, and get advice and clarification from him or her during the hearing. You can request an interpreter if required
  6. After the hearing is finalised, the MRT will generally send you a written statement advising of the Tribunal Member’s decision

Can I apply for another visa while I am waiting for my MRT hearing?

If you are still holding a substantive visa, then you should be able to lodge another visa application – assuming that you meet the relevant eligibility requirements.

If you do not hold a substantive visa (i.e. your last substantive visa has expired and you now hold a bridging visa that is associated with the MRT appeal), then Section 48 will bar you from making a further ‘substantive visa’ application because you have had a visa refusal.

Despite s48, you can still lodge a valid application for the following types of visas: partner visas, bridging visas, Subclass 444 for New Zealand citizens and child visas.

Note: Section 48 does not apply if the refusal was in relation to a bridging visa application or if the basis of the refusal was due to character issue (i.e. a refusal under Sections 501, 501A or 501B of the Migration Act).

What happens before and after the MRT’s decision

In part 2, we cover a number of important topics such as what happens after the MRT makes a decision, and your rights while you wait for the MRT to make a decision.

Should I lodge an application for review and how can we help?

Because there is a strict time limit for applying for MRT review, we strongly recommend that you contact us as soon as you receive your refusal or visa cancellation notification.

In order to successfully win your MRT appeal, you need to demonstrate to the Tribunal Member that you satisfy the legal requirement which your case officer decided was not satisfied. The Tribunal Member will generally not assess each eligibility requirement to ensure satisfaction – he or she will focus on the eligibility requirement which was not satisfied. Given this, we can help you determine whether you do or can satisfy the requirement that has lead to the refusal of your application – this in turn should allow you to determine whether you should proceed with the application for review.

Our professional fee for this initial consultation and assessment is $400.00 – please note that the purpose of this service is to discuss the eligibility requirement which was not satisfied, and to help you decide whether you should proceed with an appeal. Separate fees apply if you need comprehensive assistance with the MRT application. However, we will deduct our initial consultation fee from the final agreed fee for providing you with comprehensive assistance with the MRT appeal.

Here are some examples of successful MRT applications that we have assisted with.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
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Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

212 thoughts on “Australian Visa Refusal & Cancellation – Migration Review Tribunal

  1. Dan

    Hi pcheng,
    My student visa was refused and now MRT as well. As I was informed abt my student visa very late so I was left with only few days and can’t managed the fee on time. Before that I went to diac for extension days, as my previous agent emailed me about my student visa refusal after 24days. So diac asked me MRT. But due to late fee they refused my case within a month.
    So my concern is, is there any possibility left for me? Can my wife apply as student now? So I can switch to dependent visa after MRT refusal? As I don’t hve much days left as my bridging visa is about to expire as well.
    Thanks

    Reply
  2. Daneligh

    Hi. Wanting some advice…
    I have been refused my 2nd year working holiday visa and lodged an appeal now I have to attend a hearing after providing bank statements and evidence I did my 3 months regional work, why does immigration still not believe my case? And what other areas can they look into?

    If they refuse it again can I apply god a different visa or does this mean I am banned?

    Really concerned any help would be great!
    Thankyou

    Reply
    1. Peng Cheng Post author

      Hi Daneligh,
      We can’t really comment on the Tribunal members assessment of your application. It is just up to how the Tribunal member views the evidence that you provide.
      If the application is refused, you are barred under s48 from lodging another visa application while in Australia – there are a limited number of visas which are exempted from this bar (e.g. partner, protection visa) .
      PC

      Reply
  3. Kat

    Hi,
    My godson is in Ukraine & his visitor’s visa has been refused. Can I still lodge an appeal if letter says “There is no right of merrits review for this decision”
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Kat,
      As stated in the letter, you cannot appeal this refusal. They are allowed to prepare and lodge a new application – they should the application and address the issues which lead to the refusal of this application.
      PC

      Reply
  4. Pradeep

    Hi . I applied for skilled provisnal visa in March 2011 but I got declined due to lack of ielts scores . And again I went for mrt on June 2012 . My mrt case opend in July 2013 and asked to submit my ielts scores of 6.0 in all band . I requested to give me extension for some more time as they granted . It went on like 3 extensions . Finally I got my ielts all band 6 . Mrt gave me deadline till 30th October but I submitted my results on 28th with eligible score .
    In this case will I win my mrt ….?
    As I can see need to submit ielts score 2years b’fore the visa was lodged . As I lodged my visa in February of 2011 . And I got my scores on October 2013 .
    Wt r my chances of winning mrt ..? Could some one help me .
    Thanks ,
    Pradeep

    Reply
    1. Peng Cheng Post author

      Hi Pradeep,
      English is a ‘at the time of application’ requirement – so you need to satisfy this requirement when the application was lodged. I don’t think that you can rely on an IELTS result obtained after lodgement.
      PC

      Reply
  5. Sam Lee

    Hello PC,
    After we won at MRT without any attention because they saftified my case. they said that my case was sent to the Minister to review and make decision. Do we know how long it take for the Minister make final decision ( period of time) ?
    Thanks,
    Sam

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      Unfortunately, processing time does vary with each individual application and I can’t answer this with any certainty.
      Generally though, the Department may make a decision 1 month after the MRT decision although the timing of these decisions really depends on each individual case.
      PC

      Reply
  6. mohinder

    Hi Peng
    I got refusal on 885 visa due to ielts (required 6 each) and now I have to apply for MRT….. my questions are now

    Can I win MRT to show my new Ielts result……….or I have option for ENS from my employer, which I have to lodge onshore or offshore.

    please suggest/help me
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Mohinder
      Under the 885 visa, the requirement for English must be satisfied at the time of application (i.e. at the time that the application is lodged to the Department). You cannot rely on IELTS results obtained after lodgement and it is unlikely that you will succeed at the MRT if you are arguing this point alone.
      You may be barred from lodging another substantive visa under section 48, see our post linked here http://myaccessaustralia.com/barred-from-making-visa-application-section-48-migration-act/ and you may need to lodge future substantive visas offshore.
      PC

      Reply
  7. Kimberly

    Hi,

    I applied 885 visa on June 2012 and it refused on October 2013, now I lodged application to MRT to review my visa application. I don’t think I could win. Here is the question, if I lose MRT, can I apply 189 visa? I heard 885 visa class is closed and no longer accept application. I would like to apply other permanent visa, but I don’t know whether I can or not. I think 885 visa is same like 189 visa. Also, if I apply 189 visa, could I use my TRA which I got in 2009? I think immigration rule has been change lot. Please advise me.
    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Kimberly
      If your 885 visa application has been refused and this decision is affirmed by the MRT, you are barred from making another substantive visa application in Australia under section 48. If you want to apply for a 189 visa you will need to apply offshore.
      It is correct that you can no longer apply for the 885 visa.
      The TRA letter should state the period in which the Skills Assessment that was made is valid. If the TRA letter does not have a period of validity then our understanding is that it may be valid indefinitely.
      PC

      Reply
  8. Tom

    Dear PC
    I’m having a tribunal hearing
    I’ve been here 9years and 6years work experience but my Ielts point is under score (0.5 point under only writing section) Does it possible to negotiate with them to approve my visa? Such as taking grammar course
    I’m on MRT for PR
    What can I prepare for the hearing?

    Best regards,

    Reply
    1. Peng Cheng Post author

      Hi Tom,
      The MRT Tribunal Member will determine whether you meet the legal requirements for your visa, including the relevant English requirement. It is not possible to ‘negotiate’ the requirements that you have to meet for English – you need to meet the requirement as specified in legislation.
      PC

      Reply
      1. jim

        I got the same situation to been here 9 year everything is done except ielts .5 on writing got my hearing next week got any tips or any other thing to share TOM

        Reply
  9. Nishel

    Hi Peng,
    i had applied for the independent skilled visa 885 on may of 2012, i had provided all the documents but i had put 2 ielts paper instead of a one to make out for the score in the first test result in which i got 6.5 in writing because i was running out of visa and didnt have time to give another ielts exam before my visa ran out. i had 7 in all bands of ielts with the two paper combined, and on jan this year i got a refusal notification saying my visa had been cancelled because i failed to do the medical and it also stated that i can apply for MRT review within 21 days which gives me 15 days, but the refusal notice desicion record didnt not contain any information regarding my ielts at all,
    so my question is , will i be given pr if i give my medical test after applying for MRT and if not can i still apply for 457 visa or what step i should take to stay here,
    Your suggestions would be much appricated,
    Nishel

    Reply
    1. Peng Cheng Post author

      Hi Nishel,
      The visa cannot be approved unless you meet the relevant English requirement. But it is odd that this is not mentioned in the decision record. I generally advise people that your MRT will fail if you do not meet the English requirement.
      As explained above, you are barred under s48 from lodging most types of visa applications while you are in Australia.
      PC

      Reply
  10. ramesh

    Hi, i had applied 885 permanent visa. It was refused because I did not meet the required points. Then , i applied for MRT thinking i could meet the points until the case get reviewed. Now , its my good luck that MRT misread my case as my application got refused in lack of medical. After that MRT asked me to do medical test. I did it and it was fine. Mrt then, remited my case and send it back to DIac for reconsideration.

    My question is does DIAC now checks my all application criteria (like a new application) or just finalise my application with the affirmation of MRT? How long does DIAC takes to decide my application?

    Reply
    1. Peng Cheng Post author

      Hi Ramesh,
      Technically the Department should check all requirements to ensure that each is satisfied.
      Normally around 2-4 weeks.
      PC

      Reply
  11. T.S

    Hello PC.
    The first thing i would say is my English not is not prefect. hope you can understand what i try to explain about my case.
    My stepfather lodged the remaining relative visa ( subclass 835) for me 2 years ago (2011) and I got refused last Jan 2013 and now We got letter to hearing for the interview next month .

    My Mom has remarriage with my stepfather in 2009 ( He is an Aus Citizens ) and I came over to Australia since 2010 with my student visa. My father pass away about 9 years ago and I am only a one child of my parent . i have no one in my country. At that time when i was arrived in Aus I couldn’t speck much and not really understand anything about English same as my mom .About 3 years later i have a bit more improved my English from shcool but still not good enough.
    As I know now about The Remaining Relative visa (subclass 835)
    Features
    This visa allows someone in Australia whose only near relatives are living in Australia to:

    live in Australia as a permanent resident.​

    Requirements
    You might be eligible for this visa if:

    +you are in Australia ( Yes, I am, Since 2010 )
    +your (and your partner’s) only near relatives usually live in Australia and are all Australian citizens, Australian permanent residents or eligible New Zealand citizens ( By that time my mom was holding the The temporary PR but she got it after 2 months )
    +one of your near relatives or their partner is prepared to be your sponsor.​ (My Parent are sponsorship me)

    Since i got refused from IMMI I couldn’t be myself keep worried and cried what if they refused me again what should i do? I have only my mom and i wanna be here with her. she is getting old and i wanna take care of her as long as i can. Here is family.

    Could you give me some advise about my situation ? Do you think Should i apply it again if they refuse me or come back with Student Visa is better?

    Thank you PC

    Reply
    1. Peng Cheng Post author

      Hi TS,
      You haven’t provided any information in relation to why the application was refused, so we can’t really advise on whether your appeal will be successful.
      It may be hard to get a student visa – since your last remaining relative visa application demonstrates an intention of wanting to live in Australia permanently, and student visa applicants need to demonstrate an intention of only being in Australia temporarily. You should apply for the last remaining relative visa if you do meet the requirements.
      PC

      Reply
  12. joel

    Hi PC,
    Good day! I got a refusal last year and it took almost a year before a decision was made, during this period I got married overseas which I didn’t declared. The mrt’s says that it will remit a decision for reconsideration, from an 885 skilled visa to 886 skilled sponsorship visa. My question is can I still include my partner in on my application? Should I declare it now while Im waiting for DIAC to grant my permanent visa or wait until it comes out? How will it affect DIAC’s decision? Cheers!
    Joel

    Reply
    1. Peng Cheng Post author

      Hi Joel,
      If you are successful with MRT, when the matter is remitted to the Department, you can inform the Department of the relationship and ask that they add your partner to the application. Your partner will need to provide relevant information, documents, police clearances, medicals etc. Assuming that your partner doesn’t fail any of the eligibility requirements, then adding your partner shouldn’t affect your application.
      PC

      Reply
  13. Joe

    Hi Peng
    I applied for 857 RSMS visa in June 2012 and nomination was refused as CO said that there are already sufficient cooks in the restaurant and thus my employer doesn’t need to sponsor me.I applied for MRT and my hearing is in Feb 2014.
    After that I applied for 457 in June 2013 visa for cook for same restaurant and that was approved and I am still with same restaurant so is it a positive sign that I have already got approved nomination as cook for 457 and MRT will approve my 857.

    Reply will be appreciated.

    Joe

    Reply
    1. Peng Cheng Post author

      Hi Joe,
      The eligibility requirements for the 457 and 857 visas are different – the MRT will need to determine if you meet the requirements of the 857 visa. Obviously your current work as a 457 visa holder can be used as evidence of the need for you to work in the nominated role, which can help the 857 application.
      PC

      Reply
  14. param

    hi,
    I am on bridging visa B ,applied for MRT. I am going overseas.
    Can I apply for student visa from overseas and come back?

    Can student visa be applied from overseas while I am holding bridging visa B (applied for MRT) ?

    Reply
    1. Peng Cheng Post author

      Hi Param,
      Yes you should be able to lodge a valid student visa application while you are outside of Australia – s48 doesn’t apply if you are outside of Australia.
      PC

      Reply
  15. SUNIL

    hi Pc,
    i went to all of yous review on different visa problem. as my problem. i applied for rsms visa twice from same company and my nomination got refused both times. my second nomination was refused on 18th of dec 2013. and it still shows my visa . in this case can i apply another rsms from another palce. though i have applied a mrt for nomination . do i need to apply mrt for visa aswell. i would be thankful to your advice.

    yours
    Sunil

    Reply
    1. Peng Cheng Post author

      Hi Sunil,
      Yes – appealing the visa refusal is a separate application, so you need to lodge a separate MRT application for this.
      PC

      Reply
  16. marco

    Hi,

    My partner applied for a MRT and its been a year. I am certain that the MRT will fail. Can she go back to her country on a BVB and apply for a substantive visa offshore? can she withdraw the MRT from offshore? Also, if she gets MRT refusal onshore will she be banned from applying for another visa to australia for 3 years or can she go back and apply for another substantive like student?

    Reply
    1. Peng Cheng Post author

      Hi Marco,
      Can she go back to her country on a BVB and apply for a substantive visa offshore? That is possible.
      can she withdraw the MRT from offshore? Yes.
      Also, if she gets MRT refusal onshore will she be banned from applying for another visa to australia for 3 years or can she go back and apply for another substantive like student? She needs to contact the Department and ask if any kind of ban applies.
      PC

      Reply
  17. Joe

    HI,
    I have 457 visa valid till 2016, I changed employer but it looks like they wont be successful with obtaining sponsorship rights. Company is Basically a sole trader and my not be able to satisfy Training Benchmarks.
    if refused Sponsorship, what is the time frame to remain in Australia, or to obtain new employer considering my visa still valid.

    My current 457 visa was refused and I won the MRT after 3 years. If I have the option of going to MRT to review Sponsorship decision, can I be granted work rights as I would be in extreme hardship?

    cheers Joe

    Reply
    1. Peng Cheng Post author

      Hi Joe,
      Your 457 visa is subject to condition 8107 – this condition requires you to remain employed in your nominated role with your sponsor. If your employment ceases, then your employer is obligated to notify the Department.
      If more than 90 days has passed since your last date of employment, then you are considered to be in breach of condition 8107 and the Department may issue you with a Notice of Intention to Consider Cancellation. If you intend to lodge another visa application, then you can discuss this matter with the Department and see if they can give you a little extra time to prepare and finalise the application (evidence supporting your claim that you will be lodging a genuine application may help you case).
      If your employer notifies the Department that you have ended your employment and you are outside of Australia, then the Department can cancel your 457 visa without notifying you.

      Review of a SBS approval doesn’t have anything to do with you as a visa holder or applicant, so this won’t allow you to remain in Australia for longer.

      If your visa is refusal or cancelled, you may be able to appeal that decision to the MRT.

      PC

      Reply
  18. cristina

    Hi my name is cristina
    I apply as a spouse to my fiance with a visa subclass 300 in 2010 it was refused due to lack of evidence that we were in a genuine relationship because i fell pregnant to another man but then we got back together i went back ovrseas stayed there for a while and try to make it work over there but it was impossible so i came back left my boy with him and work here for a couple months and then went back with the idea of applying again and bring my family here but i got pregnant with the person i spouse and i had mi baby here in 2013 now is 2014 and im here in australia with my two kids waiting for their dad and i want to knowif i can apply for a review beeing this late or should i apply again for a subclass300?
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Cristina,
      You won’t be able to appeal the refusal decision from 2010.
      You may have to consider lodging a new application.
      PC

      Reply
  19. Mahesh

    Dear Sir,

    I am student since 2009, I finish courses up to date. I applied 457 on 2012 November I get refused on 3rd march, they said it’s not genuine position, I put MTR on 26 March 2013. Moreover I applied again 457 visa with different position I got same results again.. How long my MRT processing time takes..? Still I had a visa up to 16th June 14.
    Please reply for this question.
    Thanks
    Kind Regards,
    Mahesh

    Reply
  20. zehra

    Hi
    My husband applied for 457 But nomination refused ,however we applied nomination again but that was a co-incidence that the case officer who refused before , allocated again for new nomination to us .Apparently means both time our case allocated to the same officer and its obvious that once it refused by same wont grant this time….
    Question : should we go for MRT?
    what are chances?
    If we win MRT then from when time will start for 457?

    Reply
    1. Peng Cheng Post author

      Hi Zehra,
      We don’t have any information about the application so can’t determine whether the MRT is going to be successful. You can lodge the 457 as soon as the nomination is approved after a successful MRT outcome.
      PC

      Reply
  21. ikay

    Hi Peng, I am Ikay. I need your advise please. my husband renew his 457 visa but got refused due to Standard Business Sponsorship the case officer said the employer should have applied for a labour agreement and it says I do not find that the tasks of the position are consistent with the task of the nominated occupation. we have decided to go offshore and apply for another 457 visa with different employer. will the refused visa affect our new visa application offshore? is there any chance we cannot come back here in Australia? we badly need your help. please

    Reply
    1. Peng Cheng Post author

      Hi Ikay,
      It sounds like that the case officer had an issue with the nomination application. This shouldn’t affect your husband’s ability to meet the requirement of the 457 visa in a new application.
      I don’t really know enough about your matter to comment on your prospects.
      PC

      Reply
  22. Damian

    189 refusal. What next?

    Hi Peng.

    Awesome job here hope you can help with my quick query.

    I have had my 189 refused because on my EOI I applied with 70 points and after my CO was finished reviewing she knocked it down to 55!! therefore refusing me by not meeting the 60 points criteria.

    I am a uk electrician, Qualified in april 09 moved to oz feb 10, got my A grade electrical licence march 11!
    Currently still work as an electrician on a 457 visa which is valid until june 2015.

    Here is a Basic breakdown on why my points were deducted.

    I applied for 10 points based on my overseas experience being over 36 months because I included my apprenticeship as RELEVANT experience however CO said it was not relevant experience and deducted 10 points! for having less than 12 months qualified at home.

    I applied for 10 points for my Australian experience working from Feb 10 as Relevant experience as I was employed as an electrical TA based on the merits of my overseas qualifications, whilst getting my electrical licence sorted and I believed that this experience was RELEVANT experience, but because i was issued my licence in mar 11 and I applied for pr in oct 13 I had less than 36 months australian experience and was deducted a further 5 points, which gave me a total of 55 points.

    Refused point blank no request for info & A basic explanation of deductions in the refusal notice.

    Im not going to appeal it as they gave their reasons in the refusal and im not willing to pay another 1600 to be told no again and my 28 days have expired now aswell

    What I am looking for now is some advice on my next step, I will be eligible for 60 points in April 14.

    Do I have to go offshore to reapply?
    Will there be any issues with me applying that anyone knows of?

    Thanks Peng awesome job again.

    Hope my experience can help the next person out.

    Damo.

    Reply
    1. Peng Cheng Post author

      Hi Damo,
      If you are holding a 457 visa at the time of application, then you should be able to apply from within Australia.
      The refusal shouldn’t impact your ability to meet the requirement of the 189 visa in the future.
      PC

      Reply
  23. Shan

    Hi peng,
    I had MRT hearing 19th september 2013 but still i haven’t got decision.Now I have found sponsar for 457 visa.i need to know can i apply 457 visa in this situation.
    Thanks
    Shan

    Reply
    1. Peng Cheng Post author

      Hi Shan,
      As stated above – you may be barred under s48 from lodging a 457 visa application while you are in Australia:

      Can I apply for another visa while I am waiting for my MRT hearing?

      If you are still holding a substantive visa, then you should be able to lodge another visa application – assuming that you meet the relevant eligibility requirements.
      If you do not hold a substantive visa (i.e. your last substantive visa has expired and you now hold a bridging visa that is associated with the MRT appeal), then Section 48 will bar you from making a further ‘substantive visa’ application because you have had a visa refusal.
      Despite s48, you can still lodge a valid application for the following types of visas: partner visas, bridging visas, Subclass 444 for New Zealand citizens and child visas.
      Note: Section 48 does not apply if the refusal was in relation to a bridging visa application or if the basis of the refusal was due to character issue (i.e. a refusal under Sections 501, 501A or 501B of the Migration Act).

      PC

      Reply
  24. Daniela

    Hi Peng,

    I’m on a 457 through my partner, he is the main visa holder and Im attached to his visa as his partner.
    I working at the moment, but I want to cancel my visa and apply for a different one on my own.
    I will cancel my visa next week and apply for my new one in a month.
    I know that when a 457 gets cancel you have 3 months to apply for another visa, if not you have to leave the country.
    My question is: can I cancel my visa next week and still continue working in the meantime and apply for my new visa in 3 weeks? Or when I cancel the visa I have to stop working?
    Basically:
    Do I have the right to work during those 3 months (While I’m sorting out my next visa)?

    Reply
    1. Peng Cheng Post author

      Hi Daniela,
      You misunderstand the law – if you ask for the cancellation of your 457 visa and the Department actions this, then your visa will be cancelled immediately and you will be unlawfully in Australia.
      You probably don’t want to cancel your 457 visa – perhaps it is best to lodge another visa application when you are ready, and just stay on your 457 visa.
      PC

      Reply
  25. Shan

    Hi peng,
    Thank you very much for your reply.
    In this time i will explain my situation little bit more.
    I applied mrt may 2013.after that i checked my visa in online august 2013 and i had BV A at that time. (I used TRN previous application that refused).I faced mrt hearing 19th september 2013.i haven’t got decision yet.(now its more than 4 month)
    So, i have fulfil requirement for 457 visa and my lawyer said i have to apply offshore application.
    Then i checked my visa online again yesterday because i need to get BV B for traveling.but it doesn’t mention anything in this time.
    My question is,
    1) Do i holding BVA now ?
    2) if not which visa i am holding now?
    3) which visa are they grant between mrt hearing date and mrt decision date?

    Thanks
    Shan

    Reply
    1. Peng Cheng Post author

      Hi Shan,
      If you want to check the visa that you are currently holding, you need to contact the Department. It is possible that the MRT has notified you of the decision – if the MRT refused your appeal and you have been informed of this, then your BVA may have ceased already.
      You should remain on the same BVA visa for the entire MRT process.
      I’d contact the Department.
      PC

      Reply
  26. Paresh

    Hi

    Hi,
    i had applied 885 permanent visa. It was refused because I did not meet the work experience and ielts. Then , i applied for MRT. I have hearing on 20 FEb and they ask only ielts with 6 in all modules but not experience. Fortunately, i clear my ielts and submitted. If MRT remit my case and sent it back to DIac for reconsideration.

    My question is does DIAC now checks my all application criteria (like a new application) or just finalize my application with the affirmation of MRT? Because i have been asked by MRT to submit only ielts not work experience .How long does DIAC takes to decide my application? IF DIAC refuse my file again then what is option to extend my stay (like Minister or Magistrate court ) ? So i can find employer sponsor and will lodge offshore.

    Regards
    Paresh

    Reply
    1. Peng Cheng Post author

      Hi Paresh,
      The Department is suppose to check all the requirements. Processing time does vary but generally you should have a decision within 4-6 weeks of the MRT decision.
      If it is refused again, you should be able to appeal to the MRT again.
      PC

      Reply
    2. joel

      hi mate im in the same sitation as you , got refusal from DIAC due to not have enough points from ielts. now i have four 7s in ielts and planning to go tfor MRT, just wondering did MRT end of accepting your ielts? and did you end up getting your 885?

      cheers

      Reply
  27. Sam

    Hello

    My case has been remitted by RRT to DIAC with the direction that I meet section 36(2)(a) of migration act but I have not heard from DIAC for about 1 month.Is there any time limit for DIAC regarding this issue?
    I really appreciate you if you reply.

    Best regards

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      There is no time limit by which the Department needs to make a decision. Department processing time does vary significantly so it is not really possible to predict this.
      PC

      Reply
  28. Raj

    Hi frnds how you doing all ?
    I have problem with my visa this time ,need agood idea if anyone can help me , i had applied for the partner visa i australia with my australia citizen wife in nov2010 but i just got rejected now in dec 2013 then i apealed for MRT . Now i have changed my mind , thinking to ove back to my country so strongly i have some question in my mind , may be somene have have situation like me and he or she can give me a advice . I just wanna just

    1. If i leave this country now and take my MRT back when i m in india then can i apply back to australia for any visa forexample student visa or again spouse -partner visa ?

    2. If i leave now and i take my MRT back whne i m offsore then do you think will be ban for me to apply again to australia ?

    Help me guys , looking forward for your reply ! Cheers

    Reply
    1. Peng Cheng Post author

      Hi Raj,
      1. If i leave this country now and take my MRT back when i m in india then can i apply back to australia for any visa forexample student visa or again spouse -partner visa ?
      You should be able to lodge a valid application.
      2. If i leave now and i take my MRT back whne i m offsore then do you think will be ban for me to apply again to australia ?
      Generally speaking, bans do not apply unless you committed fraud or provided misleading information in a prior application, or if you overstayed our last visa. But you can contact the Department and ask if any ban applies to you.
      PC

      Reply
  29. Das

    Hello Peng,
    I applied for graduate visa 485 then refused because I couldn’t submit ielts result on time. now I am on MRT. I applied MRT on 7th of Jan 2014. now I would like to go home urgently because I’m missing my family, I havn’t seen my family in almost 5 years. I got bridging visa B yesterday.

    Should I let MRT know that I’m leaving Aus for 3 months? is MRT going to take decision while I’m in my country?
    I’m worried about MRT decision if they take decision before I come back to aus.

    pls let me know.

    Thanks
    Das

    Reply
    1. Peng Cheng Post author

      Hi Das,
      You should inform the MRT – the MRT will contact you when they are going to hear your matter. Going overseas for 3 months should be fine.
      PC

      Reply
  30. Minal Gohane

    Hi Sisters and Brothers,

    My visa was refused in 20/07/2010.It was Business Visa (short and long term).
    The reason were 1. Insufficient fund 2. Misleading information about Marriage Status and the Divorced case is pending in the court.
    Now I applied for Skilled Nominated Visa in January 2014. I had sufficient fund and I also got Police Clearance Certificate. All other documents have no problem.
    The above mistake was due to local agent I approached She had not share with about the visa . I simply signed the visa form and submitted the documents she asked.

    Please guide me whether my earlier case will affect my present Visa ?

    regards

    Minal

    Reply
    1. Peng Cheng Post author

      Hi Minal,
      Your prior Australian migration history is taken into account in assessing your visa application – if you previously submitted misleading information, this may cause issues for your application. But we really can’t provide more definite advice just based on the above.
      PC

      Reply
  31. Paresh Patel

    Hi PC
    I had bridging visa A. I just been granted bridging visa B due to going overseas. My question is do I need to re apply for bridging via A after come back in Australia ? Thanks for help.
    Best regards
    Paresh

    Reply
    1. Peng Cheng Post author

      Hi Paresh,
      No – you can remain on the BVB which will continue to be valid as long as you return before the BVB expires.
      PC

      Reply
  32. karandip

    Hi
    My student visa cancel on 20 September 2010 . Then I apply for protection visa. That’s visa refused from immigration and from RRT. After this all i apply for partner visa (defacto) then they give refusal. After I apply for MRT they send refusal to me.Coz of schedule 3 criteria 3001,3003,3004.can u help me to stay here in Australia. Or can apply again for this visa or any other visa. After hearing Mrt should I appeal for minister so I can give schedule 3 criteria.
    Thnx

    Reply
    1. Peng Cheng Post author

      Hi Karandip,
      You probably do not have any options in terms of lodging another visa application – Ministerial intervention is probably the only thing that you can apply for.
      PC

      Reply
  33. Jessica

    Hi Peng Cheng,
    I was refused the 485 due to my IELTS result. I applied the MRT then now they contact me for the hearing. As i just back from holiday and i got car accident so MRT gave me extra time to complete ielts test. My ielts has been done until now but the result i got still need 0.5 mark for 1 skill. Then I dont know if i can ask for extra time? If not, what can i do to have more chance in here?

    Thank you very much for your help. I would really appriciate that.
    Wating for your reply soonest.
    Kind regards,
    Jess.

    Reply
    1. Peng Cheng Post author

      Hi Jess,
      Only the MRT can determine whether more time will be granted to you – we can’t predict this.
      In all honestly, the MRT will only be interested in whether you now satisfy the English requirement.
      PC

      Reply
    2. Hans Rajpriya

      Hi Jessica,
      My name is Hans. My case is the same as yours. My 485 visa was also rejected due to IELTS not submitted along with the application lodgment. I have also been invited for a hearing. Can you please let me know a bit more about your case if you don’t mind? I know I am a stranger to you, but a little help of yours would really be appreciated in order to assist me with my case.
      Thank you.
      Hans

      Reply
  34. Chris

    Hi

    I applied for Family Sponsored Visitors visa it took a day for me to get e refusal due to insufficient documentation on my partners side. What is the way forward do I apply again with all documentation or do I appeal through Mrt. They did not give me 48hrs or a day to supply documents needed they made a decision based on first paper work . I found that strange . I need to know what to do next.

    Reply
    1. Peng Cheng Post author

      Hi Chris,
      Appealing to the MRT will take a very time long – at least 12 months before you have a hearing. It would probably be easier just to prepare another visa application with all the required documents.
      PC

      Reply
  35. Zson

    Hi Peng, this is such a big relief reading all the help you extend to the people who needed it the most during this down times of our lives. My 457 visa application got refused due to my employer SBSponsorship let’s say I have 4 years experience in dairy industry and i transferred to piggery which i do not have experience and I applied for another 457 visa but the CO refused due to SBS. i applied for MRT and most of my colleagues told me to go back where I am skilled, dairy. I have found a dairy sponsor but the problem is I need to lodge my new 457 offshore bt I have a work here in piggery. Is it possible for me to go offshore and apply for 457 visa and come back in australia and continue to work until my new visa decision. In coming back and continue to work affect my new visa application? Do i need to stay offshore until the decision has been made? My employer now understands my situation and they know my plans. They really understand. Does my refused visa affect my new visa application since the CO states “reasons, I do not find that the tasks of the position are consistent with the tasks of the nominated occupation as listed in the ANZSCO.
    Consequently, I do not consider the position associated with the nominated occupation to be genuine, and the primary applicant does not meet subparagraph 457.223(4)(d)(ii).
    ” am i barred for applying new visa? Please reply.

    Reply
    1. Peng Cheng Post author

      Hi Zson,
      Is it possible for me to go offshore and apply for 457 visa and come back in australia and continue to work until my new visa decision.
      That is possible – if you hold a Bridging Visa A, then you need to apply for a Bridging Visa B in order to travel and come back to Australia
      In coming back and continue to work affect my new visa application?
      Not necessarily
      Do i need to stay offshore until the decision has been made?
      You can return to Australia, but you may need to be offshore at the time that the case officer makes a decision – so you may need to leave again
      Does my refused visa affect my new visa application
      It sounds like the refusal was due to a problem with the employer’s nomination application, so I don’t think that this will impact your future visa application
      PC

      Reply
  36. sandy

    hi peng,

    we not nomination refusal in 187 visa stating that the company is not financially stable to give 2 yrs employment to the employee….so is it ok if the employer apply again by making the financial position good enough and sponser the same employee…does it creates a problem for employer or employee…

    Reply
    1. Peng Cheng Post author

      Hi Sandy,
      Your employer can try the nomination again with updated financial records – you will still need to convince the Department that the employer can pay your salary for 2 years.
      PC

      Reply
  37. Rihana

    Hi,
    I am on bridging visa A. My file is refused yesterday from MRT. May i know how many days do i have to depart Aus ? Which bridging visa will DIAC grant me after negative decision from MRT decision ? Thanks a lot in advance.

    Thanks,
    Rihana

    Reply
    1. Peng Cheng Post author

      Hi Rihana,
      The correspondence you received should confirm that your BVA will cease 28 days after you are notified of the MRT decision.
      PC

      Reply
  38. Dawn

    Hello,
    My fiance is from egypt. I am from Australia. We were rejected for Prospective Marriage Visa in Nov 2012 and had an interview with MRT In January this year. A favourable outcome for us and I was told it was going to be remitted in Egypt again. How long should it take for the file to be returned to Egypt and a visa stamped. Egyptian embassy says they dont have the file and the immigration department wont help because the original visa was not submitted here and the MRT says that their involvement is finished. Please help me , I dont know what i am supposed to do or who to call re my visa.
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Dawn,
      I haven’t had any dealings with the Egyptian embassy so I am not familiar with their processes and processing times. You need to contact the Department if they cannot allocate your file – it should be somewhere, as it is all the one Department.
      PC

      Reply
  39. Hans

    Hi Peng,
    I applied for 485 visa on 30th August 2013. Before applying, I gave an IELTS test on 24th August to make sure I sit the test before I lodge the application (Assumed it would suffice the case officer that I sat for the test before lodging). Unfortunately, I could not score 6 each for that test due to some reasons. Hence, my application got rejected due to IELTS not submitted with the application lodgment. I have applied for MRT, and now I have been invited for a hearing soon. Now, I have 7 each in IELTS, and fulfill all the requirements for the 485 visa especially IELTS which was the only reason my 485 application got rejected. I am seeking for your advise as I read some posts on the top regarding same 485 visa refusals due to IELTS not submitted, and then were granted some time to fulfill that particular IELTS requirement. Please let me know what can be my possibilities according to you. Your advise will really be appreciated.
    Thank you
    Hans

    Reply
    1. Peng Cheng Post author

      Hi Hans,
      For the 485 visa, my reading of the relevant requirements is that you can only use a IELTS obtained before the visa application was lodged. I do not think that the MRT will be able to accept an IELTS obtained after lodgement.
      PC

      Reply
  40. babu

    Hi peng,
    i was applied for nomination & RSMS(119 visa) in march 2012. then i got refuse in nomination. due to nomination refuse they refuse my 119 visa after few month. after that i applied in MRT for nomination & visa. in recently my boss won nomination approved from MRT. tribunal member told him they will send all the documents to immigration now. my question is: how long its gonna take to process my visa application?
    2.Do they will consider 119 visa or i have to re apply for new fresh visa under new rules?
    3. should i need to wait for my 119 visa MRT hearing or immigration gonna follow up with nomination. because boss was applied for nomination & after 1 weeks i was applied for my visa (119 subclass). thank you for such a nice blog. you help to many people under this blog. i do appreciate your co-operation.

    Regards
    babu

    Reply
    1. Peng Cheng Post author

      Hi Babu,
      how long its gonna take to process my visa application?
      Since the MRT has finalised the nomination application, they should have a hearing or make a decision in relation to your visa application within the next 3-6 weeks approximately.
      Do they will consider 119 visa or i have to re apply for new fresh visa under new rules?
      If the MRT makes a decision in your favour for the visa application appeal, then the Department will reconsider the application – you do not need to lodge a new application.
      should i need to wait for my 119 visa MRT hearing or immigration gonna follow up with nomination
      The MRT will contact you in relation to the visa application hearing

      PC

      Reply
  41. aman

    Hi there.
    My partner pr file is refused due to ielts certificate not submitted on time. Proof of booking of ielts is given in 28 days of lodgement of application and we have applied for mrt. So what are the chances and if I can do anything else to make this mrt thing in our favour. Will be looking forward to hear from you. Thanx

    Reply
    1. Peng Cheng Post author

      Hi Aman,
      Depends on the visa that you are applying for – for some visas, you need to satisfy the English requirement ‘at the time of application’ (i.e. when you lodged) and you cannot use an IELTS result obtained after lodgement in such situations.
      PC

      Reply
  42. Lovi

    Hi there.

    I am here to get information about my MRT case for 485 which I applied 3 months ago and ,
    now I have got letter from Tribunal for hearing can I able to withdraw my file ,do I need to withdraw onshore or offshore.
    Thanks.
    Kind Regards.
    Lovi.

    Reply
    1. Peng Cheng Post author

      Hi Lovi,
      You can withdraw the MRT appeal – you can be onshore or offshore at the time that you inform the MRT that you would like to withdraw. Your bridging visa will shortly cease after the MRT acknowledges your request to withdraw.
      PC

      Reply
  43. Samual

    Hi PC
    I had hearing in MRT yesterday they didn’t consider my ielts. So they give me negative decision. During hearing i asked officer that Can i lodge for RSMS due to i am eligible for this visa. she said yes i can lodge for RSMS within 28 days. Then after i call in DIBP and they said i can not lodge for RSMS because i have section 48. However, i heard that section 48 is not apply for RSMS. Thanks for advice.

    Thanks
    Samual

    Reply
  44. Man

    Hello, I applied for the RSMS about two years ago but my application was refused because my employer didn’t submit all the required documents, we then decided to apply for a MRT review. Now the MRT have given me a date (17th april, 2014) and my employer now refuse to provide me with any supporting document meaning my MRT will not be successful.
    My partner (he is Australian) suggested that we get married and I can apply for the partner visa. Is that possible? I have an agent and he is helping me with the MRT and he said I can only apply for the partner visa offshore. As far as I understand I thought the section 48 doesn’t apply if I am going to apply for a partner visa but my agent wrote me this “I took a lot of time to explain this to you – normally it is okay but if you have a “refusal” on record and you are on a bridging-visa then you need to show “compelling and compassionate circumstances” which is defined as two years of living together or a child born from the relationship. So you cannot lodge, even after getting married. You will need to lodge offshore or come back on another substantive visa and then lodge onshore.”
    is that correct? I am just looking for a second opinion.
    is this something you can help me with?
    thank you

    Reply
  45. Megh Raj

    Hi,
    I am holding 457 visa since December 2011 but unfortunately the company got suspended from immigration for 5 years for new sponsorship. In that case can I still apply for the P R since I have already passed 2 years in 457 visa., if the company is ready to sponsor.
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Megh,
      I don’t think that company will meet the sponsorship requirements in order to sponsor an employee for PR since it sounds like that they have seriously breached their obligations as a sponsor. We would need to complete an assessment before we can give a definite answer.
      pc

      Reply
  46. Sandev Bhullar

    Hi peng cheng, I applied for rsms in June 2012 but nomination was refused then I applied for both mrt 119 and 121 I want to know how long it takes for decieson thanks

    Reply
  47. singh

    Hi Peng, thanks for all your posts.
    I applied for 885 in jan2012, submitted ielts 6 in each at the time of lodgement, as I couldn’t get 7 each in ielts at that time. Later on after few months I got 7 each in ielts, I submitted that as well. Now, I got refusal for not submitting ielts 7 each at time of lodgement. Already applied for MRT as my migration agent said he has got approval for some other people exactly in same condition as mine from diac.
    Please give me some advice.
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Singh,
      The decision record for your visa refusal would confirm that English is a requirement which you need to satisfy at the ‘time of application’. Hence, I do not think that you can use an IELTS result obtained after lodgement.
      PC

      Reply
  48. Tram

    Hi there,
    I held student visa (573) until 2015 but my visa has been cancelled. I lodged the application for MRT so which kind of visa am I currently holding now? Because they did not send to me any bridging visa. Am I still allowed to work 20 hours with tax? Also, can I apply for the partner visa while I am still waiting for the MRT? Do I need to apply onshore or offshore?
    Thanks
    Tram

    Reply
    1. Peng Cheng Post author

      Hi Tram,
      You should be on a Bridging visa E – you can contact the Department to confirm. Again, you can contact Department to determine the conditions of your visa. As explained above, you may be barred under s48.
      PC

      Reply
  49. UTSAV PATEL

    Hi there.
    I applied ens in 2012 .I had 485 skills assessment at the time of the application. They refused it due to this assessment. Ithen I applied in mrt meanwhile I got my full tra assessment and now dima says 485 assessment will not be accepted for ens after 28 October 2013.
    Any chances to win at mrt?

    Reply
    1. Peng Cheng Post author

      Hi Utsav,
      Having a positive skill assessment is a requirement which you need to satisfy at the time that you lodged the application – I don’t think that the MRT can accept a result obtained after lodgement.
      PC

      Reply
  50. Chris

    Hi Peng,

    I recently had my subclass 835, remaining relative visa refused on the grounds that at time of application my father and sister were not PR of Australia. My dad is married to an Australian, my sister came in as dependant. They received PR 6 months after I made my application.

    MRT also couldnt overturn decision as I didnt meet criteria at the time. I have been working at my employer for 2 years and they are a registered sponsor. They are happy to offer me a 457 but OFFSHORE. Am I able to do this? I was going to leave Australia within the timeframe they’ve given me. Ill go to NZ or my country of origin UK and lodge 457 offshore visa.

    My employers agent has said Im barred from making applications for 3 years but I have not broken any laws, commited fraud or overstayed any conditions.

    Your help would be appreciated.

    Kind regards

    Chris

    Reply
    1. Peng Cheng Post author

      Hi Chris,
      I’m not sure why you would be barred for 3 years – but you can contact the Department and confirm, and they should be able to tell you why the bar applies. If the bar applies, then it will likely apply to the 457 visa which will prevent you from being granted a 457 visa during that 3 year period.
      PC

      Reply
  51. sohail

    hi peng..

    i just got my nomination approved in customer service manager….i have applied for the visa now
    i have ielts 6 each ,certificate 4 in frontline managment (6 months) and diploma of business managment (6months) afp clearance ,overseas police clearance , my national identiity card with translation,already did medical ,filled form 80,but no experience in customer service field..year 10 and 12 from my home country,resume
    can u plz tell me in that all case what are the chances of my case to be approved???
    thanx

    Reply
    1. Peng Cheng Post author

      Hi Sohail,
      If you are applying for the 187 visa under the DE stream, all we can say is that you meet the English requirement.
      PC

      Reply
  52. Mick

    Hi Peng,

    My student visa was refused few months ago because of insufficient funds. After that I applied for MRT and I am assigned a date for next month already. Although waiting times for student refusal are higher, mine only took two weeks for a hearing. I am certain that my MRT is NOT going to be in my favour. I only applied for MRT to buy me sometime.

    I was wondering once MRT is refused, would I be banned from reapplying/restrictions for a few years or something, I tried to research regarding this but end up getting nothing.
    I was been told by a friend that once MRT is refused, re-entry ban automatically applies. But then as far as I know that wont be the case as DIAC has not imposed any ban on me apart form S48 and reentry ban impositions are only done by DIAC and not MRT.

    I know that I’ll have to leave the country anyway but would I be able to apply for residency from overseas? I almost have the points but just waiting to turn 25 in 6 months.

    Should I let the MRT take a decision or WITHDRAW the application before the hearing??

    I know that I can still buy me more time by applying ministry or such but not going to do that.

    Thanks,
    Mick

    Reply
    1. Peng Cheng Post author

      Hi Mick,
      Re-entry ban doesn’t necessarily result from every visa refusal. You should contact the Department yourself – only they would have that information to determine if a ban can potentially apply.
      If a ban does apply, then withdrawing won’t prevent the ban.
      PC

      Reply
      1. Mick

        HI Peng,

        Thanks for your reply.
        I called up immigration and found I do not have any ban on me given than I was refused on lack of funds bases and ban implies mostly on character and misleading information.

        Now, I am planning to withdraw my application just few days before my hearing. I was wondering if I’d be given 28 more days to leave the country after MRT acknowledges my withdrawal? OR should I sit back and NOT answer the hearing call? OR should I answer the call and say that I am guilty? To be honest I’ve no arguments from my side if in-case I am answering the call..

        Any feed back will be appreciated.

        Thanks,
        Mick

        Reply
        1. Peng Cheng Post author

          Hi Mick,
          If you withdraw, the MRT will send you correspondence to confirm when your BVA will expire. Really up to you in relation to what you do with your appeal – obviously not responding to MRT’s correspondence will eventually lead to refusal anyway, and so will attending the hearing if you don’t have anything to present. The end legal outcome that you get will probably be the same.
          PC

          Reply
  53. Sumit

    Hi Peng.

    I have my hearing next month for 886 visa , and I want to withdraw my MRT case and go back,and then I want to apply another visa
    do I need to get bridging visa b for leaving after withdraw my file and what will be my visa status after withdrawing MRT
    Case,will I be able to appy other visa offshore.

    thanks.

    Reply
    1. Peng Cheng Post author

      Hi Sumit,
      You can withdraw the MRT appeal. Your bridging visa will shortly cease after the MRT acknowledges your request to withdraw- the correspondence that you receive acknowledging withdraw will confirm the expiry date of your bridging visa.
      If you withdraw the MRT, you won’t be granted Bridging visa B since you don’t have a need to return to Australia – you would need to leave before the expiry of your bridging visa.
      PC

      Reply
  54. Ashraf

    Hi,

    One of my friends want to apply for EOI Skill Select Immigration as Skilled Worker. Many years ago, when he was studying in university, he applied for a tourist visa and it was refused (maybe they were not convinced that he would come back home again). He even does not know the details of this visa request.

    Now when he applies for immigration EOI, should he mention this refusal? He is afraid of getting any negative feedback based on that. At the same time, the circumstances now are totally different, he is skilled worker with experience and satisfying all GSM points and conditions.

    Please advise.

    Regards,

    Reply
    1. Peng Cheng Post author

      Hi Ashraf,
      He needs to disclose the refusal – it will be in the Department’s records anyway. If he receives an invitation, then his application form will ask if he has previously had any visa refusals.
      If his visitor visa was just refused because they didn’t think that he was a ‘genuine visitor’, then this probably won’t affect his GSM application.

      Reply
  55. Jim

    Hi peng,

    I attended my hearing 2 months ago and still waiting for my decision. When i call MRT they say my case still under process. Now i need to travel overseas immediately for four months. If negative, i will remain back in my country. But I have bit hope of positive outcome. If i leave in Bridging visa A will they close my file straight away or what will happen if they want to remit my case to DIAC when im overseas.

    Jim

    Reply
    1. Peng Cheng Post author

      Hi Jim,
      The MRT can still proceed with their assessment and decision (and the Department will still process your application if it is remitted), even if you are overseas. Your BVA will cease when you leave Australia – you may consider applying for a BVB if you need to leave and return. But I doubt the Department would grant you a 4 month BVB.
      Also, some visas require you to be in Australia at the time of decision – you need to be mindful of this if you need to come back for when the Department makes a decision.
      PC

      Reply
  56. jrl

    Hello,

    Im on student visa and expired yesterday but applied for extension nider subclass higher education. Ived got 2 citizen sisters here in australia and one resident. Can i apply for a relative visa to be sponsored by my family.i completed a course in cert iv in health and now working as a nurse. Ived been here in australia 4 years.

    Reply
    1. Peng Cheng Post author

      Hi JRL,
      Your relatives may be able to sponsor you for a visitor visa, then you would need to be outside of Australia when you apply.
      PC

      Reply
  57. Sona

    Hi peng,
    My student visa was refused due to the gap of the studies.and i applied for mrt now i have a hearing on 18 th march and before that i had already booked my ticket to travel overseas on 22nd march. Will i be able to travel overseas even after the mrt is successful or unsuccesful
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Sona,
      You can leave Australia, but after the MRT hearing, I doubt that you can get a BVB which is what you need if you want to return to Australia.
      PC

      Reply
      1. Sona

        Thank you so much peng. I already have a BVB which was granted on february by immigration. Does MRT makes decision on same day? If the decision is declined then is it still possible for me to go overseas and come back?
        Thank you

        Reply
        1. Peng Cheng Post author

          The decision generally comes a few weeks after the hearing. The MRT can also ask for further evidence after the hearing. You can come back as long as you return within the validity period of your BVB.
          But if you are overseas when the MRT makes the decision to refuse the appeal, then the Department will likely cancel your bridging visa as you can’t be granted the visa.

          Reply
  58. sadclown

    Hi Cheng,

    My partner got an email from DIAC a while ago saying she did not meet the visa requirements. Been waiting for a refusal to come through since beginning of Jan. Is this normal? What could be the cause for a long wait for a refusal?

    Reply
    1. Peng Cheng Post author

      Hi Sad,
      That does sound unusual, but only the Department would know what is happening. You can also contact the Department and ask for an update.
      PC

      Reply
      1. sadclown

        Hi PC,

        Can she apply for a bvb even if she has not gotten the refusal? She is planning to travel in May to see her family as she has not seen them for almost 2 years. What if the refusal comes in while she is away?

        Reply
        1. Peng Cheng Post author

          I don’t think that she can – purpose of a bridging visa is to allow you to remain here until a decision is made.

          Reply
  59. Luk

    Hi sir,
    I am on mrt but now I have hearing in next month but I am going to marry i already booked my ticket I hope mrt desion will come in my favour but in case if tribunal give decion againt me then I will apply to minister appeal,can I still get BVB Or any restriction.thanks

    Reply
    1. Peng Cheng Post author

      Hi Luk,
      If you are applying for ministerial intervention, you can only get a bridging visa E, which doesn’t allow you to travel. You can’t get a bridging visa that allows you to travel for the purpose of ministerial intervention.
      PC

      Reply
  60. Luk

    Hi sir,
    Thanks for reply me I have another question I am getting marry 4 may if I will get my BVB this week but my hearing on 16 April immigration will give me bvb for 3 months if anything wrong happen my mrt still I can comeback until my bvb expire.
    Thanks a lot

    Reply
    1. Peng Cheng Post author

      Hi Luk,
      If you are outside of Australia and the MRT decision is not in your favour, then the Department can cancel your bridging visa when you are outside of Australia since it is no longer needed as the MRT appeal has been finalised.
      PC

      Reply
  61. Aasai

    Hi peng cheng
    Sir I have mrt hearing next month on 16th but I have to go my home country urgent so I request them to extend my hearing date for 2 months coz my mum in hospital.
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Aasai,
      You can ask the MRT for such an extension – whether they grant this is really at their discretion.
      PC

      Reply
  62. Aasai

    Thank u sir
    If they grant me my hearing date for two months then I will get BVB can u plz tell me they can’t create any problim for me when I will overseas.
    Thank u

    Reply
    1. Peng Cheng Post author

      Hi Aasai,
      If you are travelling overseas before the hearing date, I don’t think that any issues will arise when you are overseas – other than need to address any requests for documents or information from the MRT.
      PC

      Reply
  63. sonny

    Hi pc,
    I got a question about my visa I applied my student visa which I got refused.than I apply for mrt that to got negative decision due to lack of ielts score. And I apply for minister intervence with my ELICOS certificate got negative result.is there any chance to apply for new visa.or can I still apply in federal court on my case. Thanks

    Reply
    1. Peng Cheng Post author

      Hi Sonny,
      You would be barred under s48 from lodging an onshore application for most visa types.
      You are likely to be out of time in terms of appealing to the court – you need to appeal within a strict time period following the MRT decision.
      PC

      Reply
  64. Rebecca

    Hi , Cheng

    I have a question is that currently I’m on a bridging visa with MRT which that failed in 457 visa in 28 Nov 2013 .
    And is it ok to apply defecto visa with my partner now ?

    Thank you .

    Reply
    1. Peng Cheng Post author

      Hi Rebecca,
      As a bridging visa holder applying for a partner visa, generally speaking you would need to demonstrate a relationship of 2 years at the time of lodgement.
      An offshore application is also an option.
      PC

      Reply
  65. FZ

    Hi,

    My sister’s TR application was rejected on the basis that her skill assessment does not match with the occupation nominated on the SOL. She have cleared all other aspect.

    Her initial plan was to gain work experience here is Australia while she is on her TR before she move on for further studies (Masters). Now that her application had been rejected and have to leave Australia in 28 days. Will she be able to apply for another visa in the future?

    I’m a permanent resident here is Australia, and have been working for the last 3 year. Will i be able to help my sister in anyway?

    Your advice is much appreciated.

    Thank you in advance.

    Reply
    1. Peng Cheng Post author

      Hi FZ,
      If the application was just refused because of the skill assessment, then this shouldn’t affect her ability to apply for Aus visas in the future. Have a look at the 489 visa which is a family sponsored visa.
      PC

      Reply
      1. FZ

        Hi PC,

        Thank you for your prompt reply.

        I’ve just glance at 489 visa, will take a closer look at it later. It seems like we’ll need submit an expression of interest. Will she have enough time to do so within this 28 days otherwise will she be able to do so offshore?

        Is there any difference in the process by applying on/off shore?

        Reply
        1. Peng Cheng Post author

          If she has had a visa refusal and she is in Australia on a bridging visa, then she can’t apply for a 489 visa due to s48. Processing time should be similar for on and offshore applications.
          PC

          Reply
  66. Aasai

    Hi sir thanks a lot for help me,
    Can I please ask you 1 more question,I have hearing date next month 16th the tribunal sent me email to request some documents from me but I have everything ready what they need,I will send them all the documents tomorrow and request them to to extend my hearing date for 2 months coz I have to go my home country for urgent coz my mum in hospital,so there is no problime for me if I do this step.
    Thank u sir so much

    Reply
    1. Peng Cheng Post author

      You just need to wait for the MRT to respond – we can’t predict whether they will grant you the requested extension.

      Reply
  67. pinky

    Hi sir, I applied for tr 485 n got refused
    I applied for mrt n within a month they gave me a decision saying remit the application to diac, now my question is do I have to contact immigration people abt processing my application or since diac has remit my application to diac, will they contact me to send further docs to reconsider my case n meanwhile I can stay on bridging visa rite,

    Reply
    1. Peng Cheng Post author

      Hi Pinky,
      It is automatically remitted back to the Department – Department will contact you if anything is needed before a decision can be made.
      PC

      Reply
  68. Betty

    Hi Peng
    Any help you can give me would be wonderful. My son applied for last remaining relative visa onshore and has been living with us in Australia since2011 . His visa was refused because I as his sponsor wasn’t settled although I hold a permanent visa, which I thought was ok to sponsor him, they say that as I had only been in Australia two months I couldn’t sponsor him. He went to a tribunal meeting last Friday but it seems unlikely the decision will be over ruled. We have been in Australia three years this July. If he has to leave Australia how soon can he come back and apply again, and would he be likely to get a no further stay ban on his passport.

    Reply
    1. Peng Cheng Post author

      Hi Betty,
      If your application for review at the MRT is not successful then you will be notified that you have 28 days in which make arrangements to leave Australia. If you do not want to leave Australia then you have two potential further avenues for review:
      you can make a written request to the Minister to exercise her/his personal discretion to grant you a visa, or substitute a more favourable decision
      In limited circumstances you may be able to appeal to the Federal Court or the Federal Magistrates Court – there are strict time limits for any such appeal

      If the refusal was just to an issue with the sponsor, then he should be able to lodge a valid application once he is offshore.
      PC

      Reply
  69. skypiea

    Hi there,
    My visa 485 got rejected. They refused it due to the skill assessment not uploaded during application time. But i did submitted it after my case officer contacted me to provide the document. Another reason is that my overseas police clearance certificate (only document yet to be submitted) has been taking long to process. In addition to that, I have received an invitation for visa 189 before my visa 485 was rejected. Can i still lodge for visa 189 or should I appeal at mrt? If so, any chances in winning at mrt?
    I would like to hear your opinion. Thanks.

    Reply
    1. Peng Cheng Post author

      Hi Skypiea,
      You need to have a positive skill assessment at the time that you lodged the application – you can’t use a skill assessment obtained after lodgement. The MRT will apply the same law.
      You may be barred under s48 from lodging a 189 visa application while you are in Australia. You may have to lodge offshore.
      PC

      Reply
  70. sawn

    Hi,
    I have applied for PR as I am holding the 457 visa and staying in Australia. Unfortunately it got refused for less points. I am planning to gain more points by doing once again IELTS. After gaining more points I am planning once again for EOI. One more concern is I am now running 40 years and I do not want to loose those points on age.My application got rejected for the points like Age 25, Australian Employment experience 10, Education 10 points so all together it is 50 points where as I have to gain min 60 points get through. So I am planning to gain IELTS for 7 band so that I can gain 10 more points which is just enough points to clear EOI and get the PR. Can I apply EOI immediately the refusal still staying in Australia with 457 visa?

    Pl guide me

    Thanks in advance
    Blue

    Reply
    1. Peng Cheng Post author

      Hi Blue,
      You can submit an EOI and it is possible to receive an invitation and apply as a 457 visa holder.
      PC

      Reply
  71. Daniel

    Hello Peng,
    I have my hearing at MRT this week, I put my case for a Review because my partner visa was refuse, Im gay and i wanna know if i have some rights here, my visa was refuse because my partner withdrew the application after be together for more than 2 years, so if the decision at MRT will be negative, do i have more options to apply for other kind of visa ?? What kind of visa can i apply (being in Australia )?? also Peng, if i need to leave Australia, can I apply for other kind of visa without any problem, or immigration will refuse because I’ve already put my first case for Review ??

    Reply
    1. Peng Cheng Post author

      Hi Daniel,
      As explained above, you would be barred under s48 from lodging most types of visa applications.
      PC

      Reply
  72. Imran

    Hi Peng,
    My spouse visa got refused recently and so was my MRT case few years back .now, immigration has given me 21 days to leave the country.
    Is there any way I can apply ENS, RSMS visas or any other option?
    I really need your suggestions.
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Imran,
      As explained above, you can’t apply for ENS or RSMS while you are in Australia due to s48. You can only apply for a very limited category of visas due to s48.
      PC

      Reply
  73. Neeraj

    Hi peng
    I am Australian citizen . Department cancelled my wife’s sponsor family visitor visa. I won the case
    In mrt and mrt remitted and sent back to department for reconsideration but it’s been 5 weeks they haven’t done anything on our file, haven’t even contacted us for more information or anything and keep on saying it takes 6-8 weeks . Can u please tell me what would happen , are they gonna cancel it again or it is the general time frame , because my agent and even tribunal member said that normally they issue visa in 10-15 days then why delaying our application
    Regards

    Reply
    1. Peng Cheng Post author

      Hi Neeraj,
      Department processing time for an application that has been remitted from the MRT does vary a lot. Its usually 2-4 weeks but it can also take months. Only the Department can tell you what they are doing with the application. You can follow-up but that probably won’t change the processing time.
      PC

      Reply
  74. Pride

    Hi, PC
    My case has been refuse from mrt regarding 885. Now i find sponsor for RSMS and collected all dosuments. I know s48 is applied for me. I want to lodge for minister intervation so i can have some time to prepare for RSMS visa. My question is can i lodge for RCB and Nomination for RSMS after lodge minister intervation ? If my nomination approve can i lodge offshore visa application ? How long takes to approvr Nomination and visa ? It would be great if you can help me in this matter please.

    Thanks a lot,
    Pride

    Reply
    1. Peng Cheng Post author

      Hi Pride,
      You should be able to lodge a valid RSMS application after applying for ministerial intervention.
      Processing time is around 3-6 months.
      PC

      Reply
  75. bimesh

    hi Peng,
    I am on bridging visa B. can I cancel this visa and apply for student visa while being in Australia ?
    thank you

    Reply
    1. Peng Cheng Post author

      Hi Bimesh,
      Cancelling the bridging visa may leave you with no visa, and you would be unlawfully in Australia. Can’t confirm whether you can apply for a student visa just based on the above.
      PC

      Reply
  76. Tintin

    Hi peng,
    I’m on BVA and my nomination was refused year ago I ve got couple of weeks to get decision from MRT but I would like to go for overseas holiday. It would be short holiday few days. How long I need to wait for BVB once I apply for it?

    Reply
  77. Ginni Seth

    Hi Peng,
    Can I change my immigration lawyer few days before my MRT date ( 17th April 2014). As my lawyer has not provided me any details of what he has done on my case. As of now I am not sure if i will loose or win. My student visa was refused in Oct. 2012.
    What is the best you can advice me?

    Reply
    1. Peng Cheng Post author

      Hi Ginni,
      You can change your lawyer. Can’t really provide much advice just based on the above information.
      PC

      Reply
  78. bimesh

    Hi Peng,
    I have been studying bachelor in engineering for last two years. and am on bridging visa. i want to get my wife here which i cant do on that visa (can I?) So I would like to cancel this bridging visa and get student visa (if i can) and get my wife in dependent visa.is it possible? , is there any way of getting my wife without cnceling my bridging visa. I am also planning to move to another university in same course. Does that effect my reputation in immigration department in any future applications. Thank you!

    Reply
    1. Peng Cheng Post author

      Hi Bimesh,
      If you’ve had a visa refusal, then you’d need to be outside of Australia if you want to apply for a student visa.
      PC

      Reply
  79. Pride

    Hi PC,

    Thanks for giving advice. I m holding BV B and going to lodge my case in ministerial intervention and i heard that they will grant BV E for me. There are three questions.
    Is this process affect my current BV B ?
    If affect then can i apply for my work rights after lodge in ministerial intervention ?
    How long it takes to grant work visa so i can resume my work ?

    Thanks a lot,
    Pride

    Reply
    1. Peng Cheng Post author

      Hi Pride,
      The BVE will replace your BVB. You can apply for work rights. Processing time is around 1-3 weeks.
      PC

      Reply
  80. Sam

    Hello Peng

    I left Australia Last year on BVE and my agent told me I incurred PIC 4014, Can you please let me know whether I would be able to apply for Other permanent visa offshore.

    Many Thanks
    Sam

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      PIC 4014 does not apply to most PR visas, like the 8201/801 partner visa, 189 skilled independent visa, 186 employer sponsored visa. You can be granted these visas without having to satisfy 4014.
      PC

      Reply
  81. Ameer

    Hi, i am on bridging visa 485,unfortunately i couldnt full fill the english requirement which is IELTS.
    can i apply for a MRT also can i travel while on MRT?

    thanks.

    Reply
  82. Pallava Raghavendra

    hi peng,

    I have finished my commercial cookery in 2010 ….and I have my assessment and my one year experience as cook …but I didn’t have my ielts when lodging the 485, but I got the ielts now…….my MRT also refused .. am I able to launch the student visa or state sponsorship ( which is open for ALBURY AND AURUNA).. OR I am banned to all other visas….or is it compulsory i need to launch the any other visa from offshore

    Reply
    1. Peng Cheng Post author

      Hi Pallava,
      You can’t lodge a student or state sponsored visa due to s48 – you can lodge these applications if you are offshore.
      PC

      Reply
  83. Blue Rose

    Hello, I had applied for student visa which got rejected. The hearing is said to be on this month April. I would like to withdraw my hearing and go back to my native place. Please advice me what to do.

    Reply
    1. Peng Cheng Post author

      Hi Blue,
      You can complete MR10 which is the MRT withdrawal form – you will receive correspondence confirming the withdrawal and when your bridging visa expires.
      PC

      Reply
  84. Btia

    Hi. I have worked here in Australia for 4 years already under 457 visa. Last november, I applied for permanent residence under employer nomination scheme, together with my spouse and dependent children. The only problem why my visa will be refused is my IELTS. I scored 6 in all areas except on hearing(4.5) because I was deaf. I did not inform my IELTS test center of this because I did not consider my hearing deficit a big deal. It was only when i sat down for the real test that I realized I was missing out on words thus my low score. My case officer advised me to provide an ear examination report which I had. However, I was so sad when she responded that on face value my IELTS resultS don’t meet the criteria so my visa might be refused.

    She actually told me that there is no chance that my visa will get approved so she made me decide whether I want to wait for the refusal decision then appeal to the MRT or to withdraw and apply for a new 457.

    It’s quite difficult because i don’t hold a substantive visa anymore and has a bridging visa A only now which ceases when the department reaches a decision. Given that i don’t have a substantive visa anymore, what can i do to remain lawfully in Australia during my MRT appeal?

    Or if we decide to apply for a new 457, can we process it here in australia and stay here lawfully? How?

    Which do you think is wiser to do: To wait for visa refusal and appeal or apply for a new 457?

    Thank you so much for your insight.

    Reply
    1. Peng Cheng Post author

      Hi Btia,
      If you appeal to the MRT within the allowed time, your bridging visa will continue to be valid until the MRT makes a decision. You won’t be able to apply for most types of visas while you are in Australia due to s48 (explained above). While you wait for your MRT hearing, you may be able to apply for a bridging visa B, leave Australia and lodge an offshore visa application and come back on the BVB.
      PC

      Reply
      1. Btia

        How about when we decide to withdraw the application and apply for a 457 visa? Can we do that onshore, given that I don’t hold a substantive visa anymore? Will they give us a new bridging visa while my new 457 is on process? Thank you so much.

        Reply
  85. Sukhjit

    Hi PC

    My RCB has been approve for RSMS and going to lodge for Nomination. May i know please how long it takes to approve nomination for Rockhampton, QLD ?

    Thanks
    sukhjit

    Reply
  86. Alekhya

    Hi Cheng,

    I came to Australia on partner visa as my husband resides on 485 visa, Our visa got ended on Jan 23, 2014. Meanwhile, I have launched student visa for further stay, but it was rejected as i am not meeting exceptional reasons to launch student visa 572 from Temporary Residence 485. I launched MRT now and waiting for decision. Yesterday i got invitation from DIAC for launching regional visa 489 which was applied during December 2013. Now as i am in MRT, I couldn’t launch any visa from onshore. Now my question is can i launch 489 from offshore and come back to Australia till i get MRT or 489 visa decision.

    If i got 489 visa first, can i withdraw MRT??

    Please suggest me. Thanks in advance.

    Regards
    Alekhya

    Reply
    1. Peng Cheng Post author

      Hi Alekhya,
      You should be able to lodge a valid 489 visa application if you are outside of Australia.
      You can withdraw the MRT at any time.
      PC

      Reply
  87. Saira

    Hi

    I have applied for VISA subclass 835 (remaining relative). I received grant of bridging visa a week later. Currently im on a student VISA and must end before my bridging VISA kicks in
    Is there a way i can have the student visa cancelled sooner as i cant afford the fees anymore?
    Also how long do they usually take to make a decision on a remaining relative?

    Thanks

    Syra

    Reply
  88. Paul

    I am a Australian citizen and my partner got refused for Partner Visa so we applied for MRT in December 2013. We were about to get married middle of this year. But now I am no longer in contact with her and do not have any idea what she wants with this and i am guessing she just wants to work and save up money and leave before the MRT makes decision. However she is still in Australia and its been over 3 months without any contact. Am I liable to inform MRT or immigration? Will this affect me legally in any way should she decide to leave without informing myself, MRT or immigration?

    Regards
    Paul

    Reply
    1. Peng Cheng Post author

      As part of the sponsorship form, you would have made the commitment to inform the Department if the relationship ends. I’m not aware of any specific legal consequences for the sponsor if the relationship ends.
      PC

      Reply
      1. Paul

        Hi Peng
        Thanks for your reply I am still not in contact that much and can’t really get a straight answer from her. I am trying to find a legal way to get some answers but currently do not have any idea whom to approach. Should I just inform MRT or department of immigration? Part of me wants answers and part of me wants her to pay. Any advice you might be able to offers will greatly be appreciated.
        Regards
        Paul

        Reply
  89. Hammy

    Hiii

    My question is i have applied for the skilled provisional class VC visa in 2012 but that was refused bec my agent provide the wrong information with my file without telling me. Like no TRA certificate or without Ielts.

    Then i apply for MRT and my hearing is in 2 weeks. So what you suggest me to do .

    1.Withraw my MRT file before hearing ? And what you think it will help me save from the 3 years ban

    2. How many days DIAC will give me to leave the country after acknowledge of my withdrawl.

    3. M i able to apply for a student visa offshore or can i come as a spouse if my wife will apply for student visa offshore.

    Thanks a alot in advance….

    Reply
    1. Peng Cheng Post author

      Hi Hammy,
      1. If a bar is going to apply, then withdrawing the MRT won’t prevent the bar. You’d need to contact the Department to see if a bar applies to yourself
      2. You will get correspondence acknowledging the withdraw, and your bridging visa will cease 28 days after you are notified
      3. If you meet the requirements, and assuming that a bar doesn’t apply
      PC

      Reply
  90. David.

    I was refused visa for misleading information and ban for 3years student visa as them stated.
    Am I eligible to apply for visiting visa, business visa or tourist visa? Or can I lodge a new
    Application?

    Reply
    1. Peng Cheng Post author

      Because of the ban, I don’t think that you can apply for a visiting visa, business visa or tourist visa until the ban period has lapsed.

      Reply
  91. alex

    Hi Sir,

    My carer Visa got refused and now under MRT, I will be applying 457 visa offshore, will I still be able to come back in Australia while it is being processed offshore and leave again before the decision? Thanks

    Sincerely,
    Alex

    Reply
    1. Peng Cheng Post author

      Hi Alex,
      You can – but the case officer may not give you the chance to leave and just refuse the application because you are in Australia at the time of decision. Some case officers will contact you before a decision is made, but there are no guarantees.
      PC

      Reply
  92. Pavel

    Hi guys.
    I got a refusal for 189 visa, reason is they did not count my overseas experience. I have paid over 6k$ for my self, my partner and our child. Can I refund my fees? Or can I refund anything for my partner or child?

    Thank you!

    Reply
  93. sophia

    hi peng
    I applied for remaining relative visa in 2010 offshore and in 2012 came over to study higher education in aus. However in jan 2013 the diac processing offshore needed my meds and clearances so i came back home to give her the documents. I failed to inform my university and they sent a confirmation of enrollment cancellation to me due to non application. I have inquired with local immigration but they told me i can apply for temporary visas if i want to travel.
    1. Will i have a ban due to not informing my uni…?
    2. Will this ban affect my pr application negatively?.

    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Sophia,
      1. In regards to bans, it is best just to contact the Department to confirm if a ban applies
      2. I don’t think that this will impact your remaining relative application.
      PC

      Reply
  94. sophia

    Thank you Peng. however this is what i told local immigration diac and asked if a ban or restriction was on me. i actually asked my processing officer and she said i could apply fir a tourist visa meaning my temporary entrant status is okay. I assume?

    Reply
    1. Peng Cheng Post author

      If the Department has confirmed that no ban period applies, then you should be able to lodge a valid tourist visa application.

      Reply
  95. Harvinder Singh

    Hi I got refusal on 457. Now I am on MRT. If my employer withdraw my file then how many days I can stay in australia. On the other hand after withdraw my file . Can I apply another 457 from other reastaurant as a manager. I done advanced dip and dip of management . How many days I will get to get another employer after withdraw my MRT file. Please let me know. Thanks sir

    Reply
    1. Peng Cheng Post author

      Hi Harvinder,
      Once the visa appeal has been withdrawn, you will receiving correspondence acknowledging the withdraw of the appeal and confirming that your bridging visa will expire in 28 days. As explained above, you are probably barred under s48 from lodging a 457 visa application while you are in Australia.
      PC

      Reply
  96. Danny

    Hi Peng
    I have had my ENS 186 visa application rejected…work experience (massage therapy) not strong enough ( 3yrears at 20hrs p/w = 1year 7months) even with positive Vetasssess migration assessment. My boss also got his nomination rejected (contract said 12 instead of 24 months) I’ve since informed that I may be excluded from applying for the 457 as I have been on a BVC since November 2013 ( because we messed up the application and had to do it again 2weeks later while on BVA in November 2013, which I was then given a BVC)
    If I apply for MRT and stay on a bridging visa C, can i include the new work experience I will have gained by the time the tribunal review in 14-16months from now? Or does MRT only consider what was in the ENS application?

    Kind regards
    Danny

    Reply
    1. Peng Cheng Post author

      Hi Danny,
      Law is that you can’t count work experience accumulated after lodgement – generally speaking the MRT will apply the law rather strictly.
      PC

      Reply
  97. Karan

    Hi
    I m affected by PIC4014 I can’t apply TR for 3 years but I m planing to apply for rsms so my question is can I apply for rsms sponsorship or not please solve my confusion.
    Thanks
    Karan

    Reply
    1. Peng Cheng Post author

      Hi Karan,
      PIC 4014 does not apply to RSMS so you can get this visa even if you banned under 4014.
      PC

      Reply
  98. James

    Hi ,

    My spouse was engaged on a permanent position back home and when a opportunity came about my spouse took on contract role here with the same Global based company about 2 years back. My spouse was promised in writing of getting PR for the family under company sponsorship and everything was going smoothly, we were even given temp Medicare card (i believe it’s under bridging visa term of 1 year) and now we reached the stage of “Police Check” status and the lawyers told us that the current company need to provide a letter stating that they will keep my spouse another 2 years as this what the DIAC wants.

    When this came up, the current employer decide the end my spouse’s contract early (though there’s 2 more months to go) stating it’s a business decision and expect us to pack up and go. my spouse talked and reached out to the higher management but everyone leaving us in the lurch. We spend a lot to relocate to Melbourne and this was not covered under the contract she was given and even to go back, we are left to handle everything at our cost expect the flight tickets. The funny this is, everything for the PR application has been paid in full to the lawyers and my spouse has no complaints at work.

    What can we do from this stage onwards? It’s really driving us to the edge as we have 3 school going children and they going to have a very tough time adjusting back to the system back home.

    Thank you for your advice.

    James

    Reply
    1. Peng Cheng Post author

      Hi James,
      I can only advise you from a migration law perspective – the employer is allowed to withdraw the sponsorship before a decision is made. They are not breaching migration law when they do this.
      You may be able to raise a claim under employment or contract law if you think that the employer has breached the employment contract, but we can’t advise on this matter.
      PC

      Reply

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