Australian Visa Refusal & Cancellation – Migration Review Tribunal

 

Has your visa application been refused or your visa cancelled? Or are you an employer that lodged a business sponsorship or nomination application which was refused? You may be able to appeal this decision to the Migration Review Tribunal (‘MRT’).

 

What can the MRT do for you?

 

The MRT can make a decision in your favour and decide that the Department’s decision is incorrect and send the matter back to the Department for reconsideration.

If the matter is sent back to the Department for reconsideration, generally speaking, the Department will grant the visa or revoke the visa cancellation.

The MRT can also decide that the Department’s decision was correct and confirm this in its decision. If this occurs, then your appeal is not successful (the consequences of this are explained below).

 

Free initial consultation

 

Please feel free to contact us by email (pcheng@myaccessaustralia.com) or give us a call (02 9593 0335 or 0401 000 568. Please note that our business hours are 9am to 5pm, Monday to Friday, Sydney – Australia Eastern Standard Time). Please send us an email with clear scanned copies of the Department’s correspondence informing you of the refusal decision or visa cancellation, and the Decision Record (which explains why the applicant was refused or why the visa was cancelled).

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.

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

Our professional fee for assisting with an MRT appeal is around $1,000 to $4,000, depending on the complexity of your matter. We will provide you with a precise quote after we complete our free preliminary assessment.

 

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.

 

What is the MRT application fee?

 

The MRT application fee is currently $1,604.00.

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 is a strict time limit by which you need to submit your MRT appeal application. 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.

 

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

 

Generally speaking, waiting times are very lengthy and is around 12 to 18 months. Check the MRT website for average 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

 

What if the MRT appeal is successful?

 

If your MRT application is successful, then your application will actually be remitted back to the Department for a final determination and decision.

The Department’s processing time for such applications is generally relatively short – say 2-4 weeks. However, processing times do vary significantly, and it may be months before you receive a decision from the Department.

Approval of your MRT appeal does not guarantee that your application will be approved. The Department will still check to ensure that all the relevant eligibility requirements are satisfied. I have seen cases where the applicant has been successful with their MRT appeal, but then the visa application is later refused for a different reason, such as not satisfying the relevant health and character requirements.

 

What if my review is not successful?

 

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. This is an application for Ministerial Intervention
  • 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

 

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. A ‘substantive’ visa is basically any visa which is not a bridging visa.

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.

 

Bridging visa

 

If you were granted a Bridging Visa A as a result of the visa application which the Department refused, then if you apply for MRT, this bridging visa will continue to be valid and will allow you to remain in Australia until the MRT has made a decision (assuming that you have applied for the MRT within the allowed time period). If you do not appeal to the MRT then your Bridging Visa will expire and you will need to depart Australia or become unlawful.

 

Can I work while I wait for my MRT hearing?

 

That depends on the visa that you are currently holding. If you are holding a substantive visa, which are basically all visas except for bridging visas, then you need to comply with the conditions of your substantive visa. For example, if you are holding a student visa, then there may be restrictions on the number of hours that you can work. If you are a primary 457 visa holder, then you can only work for your sponsoring employer.

If you are holding a bridging visa, then you need to check the conditions of your bridging visa. If you are holding a bridging visa and there are restrictions on your work rights, you may be able to apply for unrestricted work right.

This generally means that you need to demonstrate a ‘compelling need to work’. You need to provide evidence to show that you will suffer ‘financial hardship’ (or your household will suffer such hardship) unless you are allowed to work and earn an income.

The Department’s policy guidelines indicates that ‘financial hardship’ is established if you can show that your living expenses are greater than your ability to pay for these costs.

 

How we can help

 

Please Contact Us if you require our assistance.

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  • the excellence of our work
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  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

331 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
    1. Lakhwinder

      Hi PC this is lakhwinder , I got intention of cancellation of student visa on June 16th 2014 and immigration ask me to reply why I haven’t go to college and I sent email all the documents with my parents medical cirtificate on 20 th june 2014 and now someone is sponsoring me on 457 , can I apply for 457 or I have to wait for immigration mail it is already 1 month gone for my email , I really need ur help thanks.

      Reply
      1. Peng Cheng Post author

        Hi Lakhwinder,
        You should be able to lodge a valid 457 visa application, assuming that there are no conditions on your student visa which prevent you from lodging a 457 visa application.
        PC

        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. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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
  13. 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
  14. 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
  15. 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
  16. 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
  17. 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
  18. 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
  19. 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
  20. 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
  21. 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
  22. 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
  23. 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
  24. 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
  25. 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
  26. 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
  27. 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
  28. 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
  29. 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
  30. 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
  31. 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
  32. 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
  33. 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
  34. 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
  35. 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
  36. 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
  37. 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
  38. 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
  39. 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
  40. 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
  41. 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
  42. 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
  43. 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
  44. 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
  45. 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
  46. 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
  47. 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
  48. 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
  49. 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
  50. 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
  51. 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
  52. 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
  53. 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
  54. 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
  55. 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
  56. 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
  57. 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
  58. 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
  59. 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
  60. 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
  61. 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
  62. 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
  63. 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
  64. 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
  65. 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
  66. 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
  67. 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
  68. 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
  69. 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
  70. 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
  71. Harry

    Hi
    I refused my mrt.I am on overstay in Australia . If any company
    Ready to sponsor me can I apply any visa class or
    Any other option for me . I do not want to go back. I am here
    From 5 years and I have completed all my study properly here.
    Please reply

    Reply
    1. Peng Cheng Post author

      Hi Harry,
      You would be barred under s48 so you can’t lodge any employer sponsored visas. If you do not hold a visa, your options are very limited – you may be able to lodge a partner or protection visa application, or you can consider applying for minister intervention.
      PC

      Reply
  72. komal

    hi I am on student visa but I am going to apply for rsms or 457 visa but my husband got visa refusal ( we both on separate visa ) and his application is in federal court my question is can he apply onshore or if he go offshore and after I Apply for my 457 visa can he come back and the time of decision the again go back

    Reply
    1. Peng Cheng Post author

      Hi Komal,
      He would be barred under s48 which will prevent him from lodging an onshore 457 or 186 visa application. He can leave and lodge a valid application. He would need to be offshore again at the time of decision for the 457 visa application.
      PC

      Reply
  73. Ray

    Hi
    I have stayed in Australia for more than 3 years under a student visa because I have been doing my postgraduate course. In my second last semester of the course I applied for a protection visa due to valid reasons which were enough for DIAC to grant the protection in other similar cases of my relatives. I haven’t been interviewed by DIAC and I was waiting for more than 6 months. Just before the expiration of my student visa I went back to my country for a short family visit then I couldn’t manage to return back to Australia before by the expiration date of the visa. Only two days after the expiration, DIAC sent me a refusal of my application just because I’m outside Australia so the case officer can’t assess my application. Now, I have my postgraduate course hasn’t been completed yet with only one subject remainig which I need to complete in order to get the degree. I tried to apply for a visitor visa(subclass 600) and have been faced with many inquiries and requirements from DIAC and at the end a staff member refused the visitor visa application due to being not satisfied that I’m “genuinely intend to stay temporarily in Australia for the purpose for which the visa is granted”. I’m now preparing to amend my enrollement at the university and then apply for a student visa for this remainig subject.
    What is the other available options?
    Can I apply for an appeal somewhere?
    What if my student visa application get refused also? Need your advice and instruction please.

    Thank you

    Reply
  74. Beeni

    Hi
    I have applied 885 without IELTS on Dec 2012 and rejected on this February 2014. Applied MRT and asked for hearing but decision not been made until today. I am sure they will reject the case. But i would like to go overseas for couple of week.
    Do i need to apply BVB before i go?
    When i track online through DIBP site, i found my previous overseas holiday BVB details expired on december 2013? Still BVB details there- should i need to change back to BVA and apply for BVB?
    I am going because i do not want to make any illegal decision for my 457 application?
    Please advice whether i can go overseas without notifying DIBP/MRT and then after applying 457 OR changing back to BVA and again applying BVB and then going overseas?
    Will MRT can make decision while being overseas?
    Does MRT affects my 457 lodgement while applying from overseas?
    Please advice
    Thanks
    Beeni

    Reply
    1. Peng Cheng Post author

      Hi Beeni,
      Your BVB is still valid – although you cannot travel on it because the international travel facility on the BVB has expired. If you are worried about what is going to happen after the MRT refuses the appeal – you will receive correspondence confirming that the appeal is not successful and when your bridging visa expires. You need to leave before your visa expires.
      I don’t know enough about your matter to confirm whether the MRT appeal will affect a 457 visa application.
      PC

      Reply
      1. Beeni

        Thanks for the reply
        I do not care about my MRT. I just wanna make sure everything legal. I just wanna go overseas and would love to lodge 457 so need your advice. In this scenario do i need to change again back to BVA OR BVB. Or i can travel without notifying because i am lodging another visa 457 from overseas?
        Thanks
        Beeni

        Reply
        1. Peng Cheng Post author

          You should notify the MRT that you want to withdraw the appeal. Once you have done that, you can leave at any time. You don’t need to inform the Department in advance of you leaving.

          Reply
  75. Tracy

    Hi there
    My skilled visa was rejected and I since apply for the MRT, and also an offshore application for a partner visa. I am now on a bridging visa a and when I will hear from the mrt I will only have 28 days legally in Australia. Is there anything I can do to remain in Australia while I get my partner visa approved?

    Reply
    1. Peng Cheng Post author

      Hi Tracy,
      As explained above, you can consider appealing to the Federal Court or applying for Ministerial intervention.
      PC

      Reply
  76. Michelle

    Hi Peng Cheng,

    Last week, DIBP refused our application for the Business Innovation and Investment (class EB) visa in the Business Innovation, which was lodged in early December 2013.on the basis that I, as the primary applicant did not satisfy 188.225 of the Migration Regulations 1994 and my spouse & dependent both did not satisfy 188.311.

    In response to DIBP’s request for more information 2 weeks before Christmas 2013, I informed DIBP of a likely delay in getting the character test clearance due to the longer application procedure in my country. It replied a week before Christmas, saying a case officer would not likely be assigned till the end of January 2014 at the earliest but nonetheless to send it our documents by that time. Hence, I had the impression that it is flexible with the timing of document receipt and is dependent on a confirmation of a case officer. Besides, none of its emails categorically & clearly stated a deadline for supporting documents to be sent. There is only a Timeframe for response section that states “You must respond to this request within 28 days…”. However, I interpreted that as a ‘response’ which I did, as it was not worded as “You must submit supporting documents within 28 days…”.

    Unfortunately, much as we have tried to gather all supporting documents as early as possible, there had been a lot of delays here and there due to one holiday season after another (Xmas, New Year then Lunar New Year) PLUS the fact (you know) the massive amount of information / documents required of the subclass 188 visa. Imagine 3 x Form 80 alone!

    My question is whether MRT would consider my review application favourably on the basis of unclear communication on the part of DIBP. We have paid almost $10k to apply this visa since the last sharp increase in VAC and feel that losing such a huge sum just because DIBP did not receive such documents early enough is really disappointing, especially after conflicting signals were given.

    Sorry about this long thread but it’d be wonderful if you can throw some lights on this situation and our chance of success. Really appreciate all the advice and help you are giving to people in such a dilemma.

    Reply
    1. Peng Cheng Post author

      Hi Michelle,
      As explained above, the job of the MRT is just to determine if the legal requirement for the visa is satisfied. I don’t think that your communication with DIBP is relevant information – you still need to prove that you satisfy the relevant legal requirements for the visa. Can’t really say much else just based on the above.
      PC

      Reply
      1. Michelle

        Hi Peng Cheng,
        Thanks for your super quick reply. One follow-up question if you don’t mind. Just wondering if the MRT would affirm or set aside my case as in the eyes of DIBP, I was unable to prove that I satisfy the relevant legal requirements for the visa within the timeframe required by DIBP, even if there was a communication issue prior to its decision? If I were to submit the documents to substantiate / satisfy 188.225 in my MRT application, would you think it is too late?

        Reply
        1. Peng Cheng Post author

          MRT can consider any additional evidence that you provide – you just need to prove that the relevant visa requirement is satisfied. The issue you had with the Department with submitting the requested documents outside the 28 days won’t be relevant.

          Reply
  77. pregadeeswari

    Dear sir,
    We applied for independent skilled migration vias 175 under the occupation hairdresser in 2004, it was rejected and again we reapplied it in 2009 , in the final state my visa application in rejected, saying that i have limited work experience, can i now reappeal through mrt? But i am in India and there are no sponsors or relatives, can anything be done regarding this issue. Under the review rights they have said that there is no review rights for this decision, is there any alternative. Can we reapply for the same occupation again, since migration for hairdresser has been removed from the SOL list, please guide us. Kindly inform about what can be done next to process with migration.

    Reply
    1. Peng Cheng Post author

      Hi Pregadeeswari,
      You can’t appeal the decision sorry. I think that you need an employer to sponsor you if you want to apply for PR as a hairdresser.
      PC

      Reply
  78. Brad

    Hi Peng,

    Can you advise what the average time is from when you have a hearing to when the tribunal member makes a decision? I had my hearing just over 3 weeks ago. Do they usually take this long? I called the MRT office a couple of days ago and was advised by an MRT case officer that the member hadn’t made a decision yet… Is it likely to take much longer? I have a migration agent representing me, so I assume the decision will be sent to them. The MRT has previously communicated with them by fax… Do you think they will also fax the statement of decision or will they post it? The tribunal member from the hearing had requested some additional documents which were provided the day after the hearing, which was just before Easter. Thanks for your advice.

    Reply
    1. Peng Cheng Post author

      Hi Brad,
      Usually you get a decision pretty quickly but it just depends on how busy the member is and now complicated the case is. MRT will usually send a fax if they have a fax number.
      PC

      Reply
      1. Brad

        Hi Peng,

        Thanks for your reply. Hopefully I will get a (successful) decision from the MRT this week as I am coming up on 4 weeks! I wanted to ask you a couple more questions if that’s OK?

        I have an overseas trip booked in June. I hadn’t expected my MRT hearing to come as quick as it did, so I had planned to apply for a new BVB whilst waiting for the MRT hearing so that I could travel overseas. Since the MRT hearing came, the outcome of the MRT will no doubt affect my overseas trip. If the MRT decides favourably, the file will go back to DIBP for processing, but I understand there is still no guarantee of approval of the application, and this may not occur before my trip in early June. My question is: In the case of a favourable decision from the MRT, if DIBP hasn’t granted my visa and it’s getting close to my travel, do you reckon I could still get a BVB to travel? I know that DIBP wouldn’t be able to grant my visa until I am back in the country…

        On the flipside, if the MRT decisions unfavourably, obviously I wouldn’t be able to get a BVB granted to travel, because I would have to leave the country within 28 days of the decision. In that case my overseas trip would be put off and I would need to re-evaluate how I can stay in Australia.

        If I were to put in a ministerial intervention request, I know that I would roll over to a BVE when my current BVB expires… How soon do you find out if the ministerial intervention request will be considered? Does someone need to “allow” you to make the MI request or………? And finally, if I was on a BVE, would that bar me from applying for a partner visa either in or out of Australia? Sorry for all the questions! But I really appreciate your help. Just trying to prepare myself!

        Reply
        1. Peng Cheng Post author

          Hi Brad,
          MI can take anyway between a few months to years. If it is a weak case, you’ll get a decision quickly. To apply for a partner while holding a BVE, you either need to be in a long-term relationship of 2 years or have a dependent child from the relationship.
          PC

          Reply
          1. Brad

            Hi Peng,

            My hearing was 6 weeks ago now and I still have not received a decision from the member. Would you recommend to just sit tight and wait, or should I contact the tribunal member and ask if they require any further documents to make a decision? I will note that the same tribunal member that did my hearing has made a decision on another hearing that was 2 weeks after mine! What could be taking so long? Do you reckon the member has my case under the microscope and is going through it with a fine tooth comb or what? Any suggestions? I have to go overseas soon for family reasons. I’ve already got a new BVB granted. I hope that when the decision comes it’ll be a favourable decision and not unfavourable where I have to deal with it whilst overseas…

          2. Peng Cheng Post author

            Hi Brad,
            It is not possible to predict what the tribunal member is doing. Most I’m sure are professionals and will just do their job thoroughly. I don’t think that there is any need to follow-up. MRT will let you know if anything is required.
            PC

  79. Sid

    Hi Peng,
    After reading all the helpful comments, i see that you are such a helpful person. Please accept my thanks in advance.
    I applied for TR 485 in mid 2009 and got the temporary residency visa in 2012 which expired on 28 feb 2014. Now after which i applied for 885 PR with competent English and provided proficient English score much after applying for PR 885. Later Immigration department refused to give me visa because i provided the score later and they would not consider it as a part of application. I applied for MRT review for which i had a hearing last week. The member decided to take decision in the favor of department. I have time until 30th May to provide more documents to MRT. Am I under Section 48 bar even though my TR 485 visa expired after the refusal?
    I am thinking to apply for state sponsorship (Motor mechanic) and i qualify for the points for. I have already lodged the application for EOI.
    Can you please advise if i have any more options.
    I’ll wait for your reply

    Thanks again
    Sid

    Reply
    1. Peng Cheng Post author

      Hi Sid,
      Am I under Section 48 bar even though my TR 485 visa expired after the refusal? Yes you are barred.
      Clearly your options for lodging an application while you are in Australia is limited by s48. You may have to consider lodging an application from outside of Australia.
      As explained above, you can consider appealing to the minister or through the Court.
      PC

      Reply
  80. Diana

    Hi,

    My student visa has been refused on 6th of May. I’m very concern about that. At the moment I’m on a bridging visa.
    My previous student visa has expired on the 8th of February.. But my school provide me my COE number 3 weeks after my student visa has expired and at this moment I had a bridging visa. Then, when I recieved my COE number I went to the immigration and applied for a student visa…
    So now I’m going to appeal at the MR T..
    Do you think my case will be favorable or not?
    I’m very concern about that. I didn’t finish my semester at TAFE..

    Reply
    1. Peng Cheng Post author

      Hi Diana,
      Was your application refused because you did not provide a COE when the application was lodged? If so, then I can’t see how your appeal can be successful.
      PC

      Reply
  81. Doris Jiang

    Hi Peng, my student visa lodged after 28days of its expired date which is 15th of March. I lodged on 23rd of April.

    I intended to loge one month ago which is 17th of Feb through a local agent.

    After 23rd of April i rang immigration centre and know the agent didn’t submit my application.

    Im on bridging visa C, i submitted a student visa application on 23rd of April, and recently got the refusal letter and entitle me to go to MRT.

    Now im wondering if i have a chance to win in MRT?
    That agent wasn’t registered and try to escape their responsibilities.
    What i can do now ?
    please give me some suggestions

    Reply
    1. Peng Cheng Post author

      Hi Doris,
      Based on the above, I don’t think that an appeal will be successful. As explained above, you can either appeal or you should leave before your visa expires.
      PC

      Reply
  82. Das

    Hello Mr Peng,
    I have applied for protection visa on 7th of may 2014. I’m in Australia.I haven’t got any reply from Onshore Protection visa office but they deducted money from my credit card. how I will know that my application under processes or not? Could you please advice me? My current visa will be expire on 10th June 2014.

    Reply
    1. Peng Cheng Post author

      Hi Das,
      If the fee has been deducted, it usually means that the application is under assessment. You should receive confirmation from the Department that you have lodged a valid application.
      PC

      Reply
  83. Kym

    Hi Peng,
    My partner (UK citizen) and I (Aus citizen) recently had our defacto visa denied and we are looking to go to the MRT.
    There is a problem in that we both would like to travel internationally for a workin holiday but would prefer to have her Visa sorted before we attempt our return to Aus. We would like to know if we can still get a Bridging Visa B while MRT comes to a descision. ETA on processing time is 450 days. Also how long can we be outside of Aus on a Bridging Visa B?
    Any advice you could give would be greatly appreciated

    Kind regards,
    Kym

    Reply
    1. Peng Cheng Post author

      Hi Kym,
      Generally speaking, you should be able to get a BVB that is valid for up to 1-2 months. The validity period of the BVB is discretionary so it depends on the reasons for travel.
      PC

      Reply
    1. Peng Cheng Post author

      Hi Sona,
      The matter is automatically sent back to the Department for re-consideration.
      PC

      Reply
  84. Lenny Negro

    Hi there,
    A friend of mine and his family were sent back home (Philippines) because his visa was denied regarding his English, apparently his mark wasn’t good enough.
    YET, I have customers in my business that don’t speak a word of English and are running shops that deal with the public. How does that work and isn’t that hypocritical and descriminating? It seems money gets results, please explain!!!

    Reply
    1. Peng Cheng Post author

      Hi Lenny,
      Sorry mate – I’m not going to explain migration law and policy. Ask the government.
      PC

      Reply
  85. ronak

    Hi,
    My sister had MRT review in November 2012 and she was successful , so long she has not been granted visa by department and her case officer seems to be reluctant to share any information with us .
    Do you have any idea how we might be able to help her ?

    Thanks ,
    Ronak

    Reply
    1. Peng Cheng Post author

      Hi Ronak,
      Honestly there isn’t much that you can do – CO isn’t obligated to provide information in relation to how the assessment is going. Just need to wait and see if the CO asks for anything.
      PC

      Reply
  86. Harvinder Singh

    Hi I am on MRT . But It was done by migration agent from my owner side . I didn’t sign any document for MRT . Please let me know that who can withdraw my MRT file. If my owner or migration agent will do it then they need my sign or not. Apply time I didn’t sign. Please help me

    Reply
    1. Peng Cheng Post author

      Employer and migration agent can withdraw the nomination application, and the agent may be able to withdraw the visa review application if he or she is appointed as your agent. You can use form MR6 to inform the MRT that you would like to represent yourself from now, which will mean that only you have the power to withdraw the MRT visa appeal.

      Reply
  87. ABI

    Hi ,
    My 885 visa was refused by department for not submitting IELTS result with 6 band each before putting my application. I have IELTS result now with 6 band, I recently had MRT hearing and I am waiting for result on that. I also applied for state sponsorship for NSW and that came through. Now the question is :

    Can I apply for 489 visa being on shore before receiving MRT decision ?
    If i get declined from MRT, do I have go to Federal court to get another bridging before applying for 489?
    or
    Can I apply for 489 without going to Fedral after MRT’s refusal within 28 days ?
    Do I have to go off-shore to apply for 489?

    Pleas let me know.
    Thanks – Abi

    Reply
    1. Peng Cheng Post author

      Hi Abi,
      As explained above, you are barred under s48 from lodging a 489 visa while you are in Australia.
      PC

      Reply
  88. Nieta

    Hi,

    I applied for 485 visa and got refused due to insufficent band for IETLS. Later I found a company willingly to sponsor me on RSMs 187. I applied and my RSMS 187 visa was refused in July 2013, reason being my IETLS again. I found out later, that my agent made a BIG mistake. My agent told me we can submit letter stating that I have completed 2 years of studies in Australia and 3 years university studies in Singapore , totally 5 years of english education would suffice to show my competent english and he mentioned should the DIAC requires for IETLS i can resit later.

    My agent made this big mistake and I am now facing the consequence of MRT. Last November, I lost the nomination sponsor. I was jobless for 3 months and now I found a job in community as Support Worker. I clearly understand from reading the blog that I will not win the MRT?

    However, what is my next course of action, a BIG mistake made by my agent has now landed me in leaving Australia for good.? How is this fair?

    What are my options?

    Many thanks!

    Reply
    1. Peng Cheng Post author

      Hi Nieta,
      Offshore 457 visa may be the quickest way to get a long term work visa in Australia.
      Sorry to hear about your agent but this doesn’t really change your options.
      PC

      Reply
  89. Lorie

    Hi,

    I would just like to ask if I have a chance with MRT after they refused my 189 visa due to the fact that my invitation was on 14 April and my skills assessment was completed on 29 April and I lodged my 189 visa on 6 May. We called up immigration before applying for EOi and the guy who we spoke with said that we just need the reference number of the skills assessment when we applied for it. I even applied for 485 (temp grad visa) while waiting for my skills assessment to be completed before applying for 189. I hope you could enlighten me with the most possible steps I have to take. Thanks very much.

    Lorie

    Reply
    1. Peng Cheng Post author

      Hi Lorie,
      I think that you need to have the valid skill assessment at the time of invitation to apply for the visa – that is what the law requires.
      PC

      Reply
  90. Mark

    I have question regarding the 485 visa. I came to aus in 2009 to pursue my bachelor in IS and i finished in 2011. After that i applied for TR and DIAC has refused my TR stating that i haven’t had the competent English at the time of application and then i applied for MRT in 2012 and in 2013 they come up with decision and refused my application and i went overseas. But, I didn’t give up and i applied for student visa again in masters and i got the visa however, the master i applied is for 1.5 years. Now my question is – Can i apply for TR again, if I can will DIAC would consider my application because the study i am doing is for 1.5 years and to eligible for TR it must for 2 years. However I think as I finished my bachelor from Aus in the same field that might help me out to apply for TR.

    I would appreciate your response on this matter.
    Thanks

    Reply
    1. Peng Cheng Post author

      If you’ve never been granted a 485 visa, then you can apply for this visa. Check to ensure that you meet the requirements – think your past experience should tell you that it is not good enough to almost meet the requirements
      PC

      Reply
  91. Harvinder Singh

    Hi I am on MRT because got refusal 457. I got new opening restaurant . Can I apply everything together like SBS, nomination and my visa file . Because I am worry about my MRT . May be my old employer withdraw or after open file . I have 28 days . What should I do . Thanks

    Reply
    1. Peng Cheng Post author

      Hi Harvinder,
      You can lodge all the applications together, but you may not be able to apply for the visa while you are in Australia due to s48.
      PC

      Reply
  92. manjil ghimire

    Hi my name is Manjil Ghimire i have applied my 457 visa offshore on on 10th of april2014.the reason to apply offshore visa was because my previous student visa was granted as no further stay .
    the only mail i got from a case officer says
    (Acknowledgement of application for Temporary Work(Skilled) (subclass 457) visa.
    This letter confirms that your application has been received for processing for the following applicants.)

    And till now i haven’t got any mail from the case officer i have contacted my lawyer time to time he said the case officer has asked some documents from the business.as per the request my boss have provided the document to my lawyer .still nothing is happening i contacted my lawyer again and he said that my case is being looked up by the case officer in Sydney but its kind of weird because i had applied 457visa from Melbourne .the question is why my case went to the Sydney case officer and why it is taking too long time its already been 52 days .still my nomination and sponsorship has not been approved .when i contact my lawyer he says the case officer does not respond the email and also there is no contact number of the case officer .even my boss is not happy with my lawyer because the process is taking too long time and he wants me there asap in the job i have already start to stress and don’t know what to do .It would be grateful if you can give me some info about this thanks.

    Reply
    1. Peng Cheng Post author

      Hi Manjil,
      Average processing time is 2-4 weeks but it can take months. It is normal for the Department to relocate work between offices. There is honestly not much that you can do to speed up processing – the applications can’t be approved until the Department has checked all requirements.
      PC

      Reply
      1. manjil ghimire

        thanks for info Peng may i also get some info on my case being looked up by Sydney case officer as i had applied from Melbourne i don’t understand this ..

        thanks

        Reply
        1. Peng Cheng Post author

          Can’t explain the Department’s processes – as I said, it may be workload related.

          Reply
  93. Amrit

    Hi I want to know that I m on federal court appeal hearing on 23 July I want to know If I apply for 457 bcoz it’s long process now and I have short of time.if my hearing was negative I apply for nomination before overstay and go back to india and if my nomination get approved can I come back on that or not. Otherwise pls advice me how to stay here I don’t want to go back any other way they can give me permission to finished my study which I am doing. Thanks

    Reply
    1. Peng Cheng Post author

      Hi Amrit,
      You are barred under s48 as explained above from applying for a 457 visa while you are in Australia. An employer can lodge a 457 nomination application, but you would need to lodge the visa application when you are outside of Australia.
      Ministerial intervention may be an option.
      PC

      Reply
  94. Yoshi

    Hi PC
    I was holding 457 visa. In March 2011, I applied for 856 visa and got refused in December 2011. I applied fro MRT in January 2012. MRT requested further documents to be submitted in September 2013 which I did (my lawyer did). It’s been 2.5 years since MRT application and more than 8 month since extra requested documents submitted. Is this normal waiting time? Seems like way too long. Also my daughter was born in May 2013 while I’m on MRT case. My lawyer said because my daughter was born while on MRT, her visa is not same as mine (BVA). DIAC said her visa history won’t be same as mine (mine was refused and my daughter’s not), so she won’t be able to apply BVB when we want to go outside Australia to visit family. Is this true? She is on my MRT now, but she can not apply BVB because of her visa history is different from mine? I have been trying to ask my lawyer but they always said to wait until MRT decision.
    If you can give some advise on above would be much appreciated.
    Regards, Yoshi

    Reply
    1. Peng Cheng Post author

      Hi Yoshi,
      That is a very long time to wait – haven’t had an MRT case take that long before but I guess the member can take as long as they want to make the decision.
      Haven’t had a situation like this before so I’m not sure about the BVB situation – although I note that the Department and your lawyer have provided you with the same advice.
      PC

      Reply
  95. jass

    Hello pc.
    I am on 485 visa know.I applied sponsorship but nomination. Is refused because it was offshore I can not apply for mrt.I want to know can I apply sponser again from the same employer.pls. Let me know left only three month visa.thanks

    Reply
  96. ricky

    hi my name is ricky

    i applied fr mrt last year nd my case was open in april
    my agent didnt notify me within 28 days nd he said he dudnt received any fax from dep .
    knw my 28 days exprie nd thts my lawyer fault ..
    what should i do nw .. help m to come thru this

    thanks
    reply appricated

    Reply
    1. Peng Cheng Post author

      Hi Ricky,
      If your MRT has been refused, then unfortunately as explained above, your remaining options may be limited to either appealing to the Court or Ministerial Intervention.
      PC

      Reply
  97. Marc

    Hi there,

    My 189 visa application (60 points) is rejected by my CO last week. i claimed 5 points under the “Study in regional Australia or a low population growth metropolitan area ” section.

    I completed year 10- 12 in a high school from Adelaide. I have obtained and provided evidence for my International Baccalaureate (IB) diploma to my CO. My CO stated “however as the qualification obtained is not a degree, diploma or trade qualification, I am unable to consider this for the awarding of regional study points.”

    Is there a chance the MRT/Tribunal Member to make a favorable decision on my case?

    And would I be able to reapply 189 (without MRT case), when I turn 25 next year? (currently outside australia)

    Thanks!

    Reply
    1. Peng Cheng Post author

      Hi Marc,
      Sounds like that you can’t claim those 5 points since you didn’t complete a degree, diploma or trade qual. You can re-apply if you meet the requirements in the future.
      PC

      Reply
  98. Sabrina

    Hi Peng,

    I have read through most of your comments. They are really useful. Hopefully I will get some valuable advices from you.

    My 189 application has been refused on 30th May, based on an apparent mistake made by the case officer. Fortunately I got in touch with the CO and he admitted it was a mistake. He said he would reported it to his supervisor to get the decision reversed. I wonder how long the progress normally takes? I only have a week left to decide if I need to lodge the review to MRT. The other question is, if the department do not fix the mistake before the deadline of applying view and I lodge the application to MRT, can the department still work on the progress of reversal or my case will be locked up since I apply the review?

    Your answer will be appreciated.

    Sabrina

    Reply
    1. Peng Cheng Post author

      Hi Sabrina,
      Sorry haven’t had this situation before so not sure how the Department is going to resolve this – best to correspond with the CO and supervisor.
      PC

      Reply
  99. shane

    Hi PC, I applied for onshore RSMS while my wife and twins are back home (applied visa for all). So they were offshore. Its been a 8 month I am away from them. And I am thinking to go back on BVB end of this month. I want to know is there any other visa I can apply for them to bring them here while our RSMS is in process? Its hard to live away from yours wife and 2 years twins (boy and girl) :) Please help


    Regards
    Shane

    Reply
    1. Peng Cheng Post author

      Hi Shane,
      Maybe a ETA or evisitor visa if they are eligible for these. Otherwise it will probably be hard for them to obtain a visitor visa since they have lodged a PR application already. Visitor visa applicants need to demonstrate an intention to only visit Australia on a temporary visas, and have a PR application lodged demonstrates an intention to live here permanently.
      PC

      Reply
  100. neetu

    hi Peng cheng,
    i got a reject visa for sponsor sub 886, case officer put my applicant to 4020. so could my wife apply for visa 457 offshore or not? is it any effect on the new visa? the case before my wife was a dependent. how much your service cost for MRT?
    i am waiting for your response
    neetu

    Reply
    1. Peng Cheng Post author

      Hi Neetu,
      Yes 4020 applies to the 457 visa. As explained here: http://www.immi.gov.au/Live/Pages/document-fraud.aspx

      If you have been refused a visa for providing a bogus document or information that is false or misleading in the last three years and you apply for a new visa (where that visa includes PIC 4020 as part of the criteria), you must provide reasons why the visa should be granted. These reasons must be either:

      compelling circumstances affecting Australia
      or
      compelling or compassionate reasons affecting an Australian citizen, permanent resident or eligible New Zealand citizen.

      PC

      Reply
  101. Rahul

    Hi peng,

    I need some advice .i applied 457 visa from dominos pizza but my sbs has been approved and nomination has been refused so that my 457 visa has been refused.now I am in MRT. Is there any chance can apply for nomination.after getting approve nomination then go to offshore and apply 457 visa.

    Could you please suggest me which occupation I can apply from dominos becus last time I applied for as general manager occupation but case officer refused my occupation as no genuine occupation. Thanks for your help…

    Reply
    1. Peng Cheng Post author

      Hi Rahul,
      Sorry but I don’t think that you can sponsor any role under a 457 visa for a Dominos store.
      PC

      Reply
  102. raisa

    Hi my name is raisa. I have been successfull in my mrt case and my application has been remitted to the department for reconsideration for visa 885 . the reason for my refusal was ielts and i have provided evidence at hearing.i am waiting for the decision from immigration department for more then 4 weeks
    how long it takes for the diac to make decision?
    Are the remitted decisions in favour of the applicant?
    Thnk u

    Reply
    1. Peng Cheng Post author

      Hi Raisa,
      As stated above:

      If your MRT application is successful, then your application will actually be remitted back to the Department for a final determination and decision.
      The Department’s processing time for such applications is generally relatively short – say 2-4 weeks. However, processing times do vary significantly, and it may be months before you receive a decision from the Department.
      Approval of your MRT appeal does not guarantee that your application will be approved. The Department will still check to ensure that all the relevant eligibility requirements are satisfied. I have seen cases where the applicant has been successful with their MRT appeal, but then the visa application is later refused for a different reason, such as not satisfying the relevant health and character requirements.

      PC

      Reply
  103. Rocky

    Hi peng,
    Recently , i have got my visa applucation refused fir 187 visa and nomination was approved on same day. I have applied for mrt. I would like to know that if my mrt file opens after one year still that nomination will be valid or my employer has to apply nomination again.

    Reply
  104. Madu

    Hi Peng,

    I have few question to ask from you and I hope you will be able to help me with this problem. I am on 457 visa. I have stopped working for my first employer on 28th March and submitted a nomination with a new employer on 22 April.
    But unfortunately, they have refused my nomination on last Friday due to a problem with Training document. However , as my knowledge this employer has successfully sponsored few candidates before. Actually my question is should I leave country before 28th of June as 90 days will be completed on that day? or can I stay in country if my employer submitted documents again? Is their any possibility to him to negotiate with case officer to resolve this matter ? I would really appreciate any thoughts of yours . thank you

    Reply
    1. Peng Cheng Post author

      You don’t necessarily need to leave. The Department will contact you before any action is taken against your 457 visa. If the Department contacts you and gives you a timeframe to leave, then you should comply with this.

      Reply
  105. Karan

    Hi peng
    I wanna try for student visa in New Zealand but I have bad visa history in Australia actually I got student visa rejection and mrt rejection as well then I applied for 457 visa and they reject as well now I m mrt again for spouse visa they rejected my spouse visa as well I m really in big confusion plz help me that I can try for student visa for New Zealand or not they can reject that as well bcoz of my bad visa history.
    Thanks
    Karan

    Reply
  106. josan

    Hi peng
    I withdrawal my 885 application bcoz immi say they found a bogus document .but I withdrawal before they make any decision and then come back to my home country .then I lodge a 457 visa and my nomination has been approved 1 month ago now I am waiting for my visa. I am still offshore now my question is the previous withdraw application affect me in my 457 visa
    Thanks in advance for your expert advice

    Reply
    1. Peng Cheng Post author

      Hi Josan,
      Your history with the Department can be take into consideration. Can’t predict the decision for your application just based on the above information – just need to wait for the decision.
      PC

      Reply
  107. rohit choudhari

    hi,
    I am on bridging visa B , I am on MRT and my hearing is on 11/07/2014.
    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)
    How long does it takes to process my new student visa application?

    Reply
    1. Peng Cheng Post author

      Hi Rohit,
      You should be able to lodge a valid application. But you need to be outside of Australia at the time of decision. Processing time will probably be around 2-4 weeks.
      PC

      Reply
  108. raj

    hi PC

    I have a question, my 485 visa is expiring. I want to apply for student visa. I go until immi account and start a new application. There are two options cor onshore students : student onshore further stay and student onshore initial primary . Someone told me it should be further stay but it for students doing further study. But I am not a student any more please help me which one should i opt for.
    Thanks
    raj

    Reply
  109. raj

    hi pc,

    my agent told me that it is hard to go to onshore student visa after 485 . especially when i want to study certificate IV course as i have done MIT on my first student visa. if i go for another master or graduate course then there are chances of getting the visa. please tell me what should i do.

    Thanks
    Raj

    Reply
    1. Peng Cheng Post author

      I agree with your agent – applying for a cert IV student visa will probably be hard.

      Reply
  110. raj

    hi,
    should i apply for any graduate programs. what if i apply for cert IV cookery and say i have developed interest in this field. what chances of getting student visa for both cases.

    thanks

    Reply
  111. Harmeet

    Hi peng,
    This is Harmeet here, I got my MI refuse, the region they said that the request is not under power of minister and not would be in the public interest to intervene. It is not the power of under section 351 of the act in my case. They advice me to leave Australia as soon as possible . What can I do now, I have any other option , please advice me. Can I apply RSMS off shore or 457visa without any risk. Can I lodge any file in Australia . Can I apply an other request to minister with document with more public interest . Please reply me as soon as possible.

    Reply
    1. Peng Cheng Post author

      Hi Harmeet,
      Section 48 applies and would prevent you from lodging most types of visa applications while you are in Australia.
      You can apply for MI again – but chances of getting a favourable MI outcome at the moment is very low.
      You may be able to lodge a visa application if you are outside of Aus.
      PC

      Reply
  112. Shaima

    Hi Peng
    I hope you can help me.
    I applied for 187 Visa
    Due to incorrect occupation by my employer
    I withdraw my application.
    Now we applied all new. RCB approved and we applied for the nomination and visa application at the same time with correct occupation.
    My concern is , is everything going to be ok after the mistake of my occupation by my employer?
    My occupation is Family Support Worker
    have got Diploma in Community welfare (2 years)
    each band 6
    but no experince and skill assesments.
    Thanks in advance

    Reply
    1. Peng Cheng Post author

      Hi Shaima,
      Sure if the second application meets all the relevant requirements, you should be fine. Mistake with the occupation for the first application doesn’t mean that the second application can’t be approved.
      PC

      Reply
  113. Manpreet

    Hi pc
    I lodged student application in 2012. Was refused. Then I applied for MRT. And now My MRT is refused on 19th June 2014. After refusal if I wanna stay here, what can I do??can I go for any further appeals.. Thanks

    Reply
  114. af

    Once i am granted 489 (under family sponsorship) am i able to apply for 189 say a month after being on 489? or do i have to wait the full 2 years to apply for a permanent resident visa?

    I currently have 55 points without the sponsorship. I will be eligible for 189 next April (when i turn 25) or i sit for IELTS again and get a 8 in each band

    How long has 489 and 189 been taken to process? the DIBP website says 3 months. Is this true?

    Please advise.

    Reply
    1. Peng Cheng Post author

      You can apply for the 189 visa while holding a 489 visa.
      Processing time is around 3-6 months.

      Reply
  115. Binder

    Hi
    I got 457 refusal. I applied for MRT. My MRT hearing is scheduled on 4th august. But my nomination is expired .I applied for another nomination and offshore 457 on 17 june2014. But file is not open till now. My question is if my file not open till hearing I can ask for more time from MRT. Or can I request immigration to give priority to my case in this circumstance. Please reply
    Many thanks:)

    Reply
    1. Peng Cheng Post author

      Hi Binder,
      You can ask the MRT for more time if there is a lodged 457 nomination application.
      PC

      Reply
  116. Raj sharma

    Hi I got US student visa refused 3 times in 2009. Now I have applied for australian student visa but I don’t declare that I was refused for US student visa. Does this affect my Australian student visa. Do embassies share student visa rejected list?

    Reply
      1. Raj sharma

        in application form, it is ask to declare that. ” have you ever been refused to entry any country including Australia on character basis?” I replied no because I was refused stating the financial reason and not able to justify purpose of intended course. I believe that these refusal reasons are not the character basis. So I declare no. Does above two reasons are “character basis” reason?

        Reply
        1. Peng Cheng Post author

          You should answer ‘no’ if you haven’t had a refuse due to character issues. But there may be other questions that ask about general visa refusals.

          Reply
  117. isbelle

    Hi I am awaiting an MRT decision on my Partner visa basically I had my Visa refused in October 2012.
    Me and my hubby are waiting for a decision now as we attended Tribunal in march this year.

    I am enquiring I want to study a course but I can only apply as an international student as I do not have my PR
    (Which is what I awaiting decision on at MRT) however in order to study this course I would need to apply for international student visa is this correct?
    And if so am I able to apply for student visa while I am currently awaiting decision on PR visa? As wont applying for a student visa affect my application for PR through partner ship?

    I have looked up stuff on the internet and cause at present I am on bridging visa awaiting tribunal decision it says I may not apply for another visa? Is this correct?
    I have had no luck contacting immigration yesterday was on the hold for over an hour but I had to get back to work.

    Also if you apply for international student visa does the course have to be full time? or can it be part time?

    Also what is the fee to go federal court if MRT gets Refused? and what would we need me and my partner to go to Federal court why do people go federal court if MRT is refused?

    Regards

    Danielle

    Reply
    1. Peng Cheng Post author

      Hi Danielle,
      You would be barred under s48 from applying for a student visa – see above.

      Department’s website states:

      Judicial review

      Judicial review involves a court looking at the way in which the decision was made to determine whether the decision maker made any legal errors that lead to invalidity.

      An applicant who wishes to seek judicial review of an MRT, RRT, IPA/IMR or AAT decision can seek to have that decision reviewed by the courts.

      While the Migration Act 1958 includes a privative clause (section 474), this does not prevent judicial review of decisions made under the Migration Act which are tainted by jurisdictional error. Jurisdictional error covers most legal errors.

      If a court finds such an error in a decision under review, it cannot substitute its own decision. The court must return the legally flawed decision to the decision maker to be reconsidered.

      PC

      Reply
  118. Zaheer

    Hi
    While I was on 485 visa I applied 457 which was refused . Than lodge MRT & now I’m BVA. I’m wondering can I apply offshore 573 ? Or Not
    Thanks for your attention ,

    Reply
    1. Peng Cheng Post author

      Hi Zaheer,
      You can lodge a valid application if you are offshore – s48 wouldn’t apply if you are offshore.
      PC

      Reply
  119. manpreet

    hello sir
    i have 4020 bar.can i still eligible to apply for RSMS ?
    i have got a 6 each in academic.Do i need 6 in general for RSMS?

    Reply
    1. Peng Cheng Post author

      PIC 4020 applies to the RSMS visa, do you need to satisfy the requirement for having this waived:

      The Minister may waive the requirements of any or all of paragraphs (1)(a) or (b) and subclause (2) if satisfied that: (a) compelling circumstances that affect the interests of Australia; or (b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen

      PC

      Reply
  120. raj

    Hi PC,

    I have applied for 489 family sponsored for developer programmer occupation. i have lodged eoi in mid of may. my first cousin who is sponsoring me live in regional Victoria. so i want to ask whether my chosen occupation is hampering my chances of getting an invitation as there fewer or no jobs of IT in regional are.

    thanks,
    raj

    Reply
    1. Peng Cheng Post author

      You’d need to ask the Victorian government authority – we don’t have this information.

      Reply
  121. Nieta

    Hi Peng,

    I had my MRT on 13 June and the tribunal member had refused to accept my case with regards to my competent english at the point of application anyhow the member took the same decision as the case officer, refused my visa on 187. I want to know, while waiting for the decision, receiving letter from the immgration, can I still apply for another 187 visa, if can a sponsor? Can I still apply onshore or offshore?

    Also, my husband, had Bridging B that will expire on 2 August 2014, he is in Singapore now. Would it be best for him to apply Tourist Visa to return to Australia or must he apply Visa B again?

    Also, how can I complaint about my agent ? Where do I go ?

    Please help! Thank you so much Peng for your time.Much appreciated!

    Reply
    1. Peng Cheng Post author

      Hi Nieta,
      You would need to lodge an offshore 187 visa application because you are barred under s48 as explained above.
      Your husband can return on the BVB if it is valid. But if his bridging visa is associated with the MRT hearing, this visa will shortly cease since the MRT has made a decision already.
      You can raise a complaint with the Office of the Migration Agents Registration Authority.
      PC

      Reply
  122. Sunil Thakkar

    hi, sir,
    i received my refusal letter day before yesterday, on RSMS 187 . with PIC 4020(1). and i have subclass 485 TR untile 9/01/2015.
    so, i am just wondering , do i have valid visa until 9/1/15 or my TR 485 will be cancel as well?
    please advise me as soon as you can.

    Reply
    1. Peng Cheng Post author

      Hi Sunil,
      Your 485 should still be valid but you can use VEVO to check that this is the case.
      PC

      Reply
  123. Faizal

    Hi peng,
    I have applied 885 visa in feb 2012… I got a case officer in july 2014 who requested medical and police check only..which i provided last week. I am on a 457 visa and this month I will complete my two years and will be eligible for 186 visa my employer is willing to sponsor me for that. My question is If i got refused for 885 visa would I ll be able to lodge 186 visa ? as my current visa is 457 visa which will be expired in 2016…I am so confused about my situation my friends saying normally via grant is close when they ask for medical and police check…I will be thankful if you can comment on my situation.
    YOUR KIND CONSIDERATION WILL BE HIGHLY APPRECIATED.
    Yours sincerely,
    Zeshan

    Reply
    1. Peng Cheng Post author

      Hi Zeshan,
      You should be able to lodge a 186 visa application even if your 885 visa is refused as you hold a valid 457 visa.
      PC

      Reply
  124. Michelle

    Hi pc

    i have student visa and i lodge 457 visa and i already got nomination approved the thing is when i was on student visa i might work more then 20hr in week does this effect on my 457 application does they check my tax?

    Reply
    1. Peng Cheng Post author

      Hi Michelle,
      The Department can check this to ensure that you complied with the conditions of your current visa – they won’t check this for every application but it is possible.
      PC

      Reply
  125. Amrit gill

    Hello I got my mrt refusal and now I have case with federal if I got rejected from federal as well and go back to india can I come back on student visa or not. Or can I apply for any other visa on basis of Australian study. Thanks

    Reply
    1. Peng Cheng Post author

      Hi Amrit,
      Sure if you meet the requirements for the visa that you are applying for – can’t really say much else just based on the above information.
      PC

      Reply
  126. Brad

    Hi Peng,

    I recently had a successful outcome with the MRT regarding a refused 187 nomination and visa application. The tribunal member set aside the refusal and substituted the refused nomination with an approval, and remitted the visa application back to DIBP for processing. I understand there is no guarantee, but having my employers’ nomination approved is a big step closer to getting my visa granted! I’m trying to remain optimistic! :)

    My question is – based on your professional experience, and more recent experience with successful MRT cases, how long does is usually take to hear from DIBP regarding the remitted application? I assume the visa application will be allocated to a new case officer. Do they make contact soon after it has been remitted?

    I am assuming they will request a new visa medical and possibly new police clearance certificates… Should I wait for them to ask for these or do them now assuming they will request them? I really hope I don’t have to get a new Canadian police clearance certificate though, as the first one took 4 months to get! Thanks for any advice!

    Reply
    1. Peng Cheng Post author

      Hi Brad,
      There is no standard processing time – you could be waiting for weeks or months as there is a lot of variance in processing time. You should get a decision within 3 months though – but no guarantees.
      No I don’t think that you case officer will contact you to advice that the matter has been allocated.
      Up to you in relation to the health and character checks – these are generally expire 12 months from the date of issue.
      PC

      Reply
  127. Balwinder

    hello sir, I got reject my student visa and MRT as well. and also 4020 condition on me. I just want to know can I m able to apply RSMS if someone waive me. is it possible to get visa. I got 6 band in each. so sir please guide me. is it possible. now I m in Australia. and also want to know after loose MRT which further option I can use. I hope to hearing from you soon. thanks

    Reply
    1. Peng Cheng Post author

      Hi Balwinder,
      As explained above, after the MRT, your options are either to appeal to the Court or make an application under Ministerial intervention.
      If you want to lodge a 187 visa application, you can probably only lodge a valid application if you are outside of Australia due to s48.
      PC

      Reply
  128. NIgel

    Hi Peng, my partners 457 nomination was refused due to her employer mistakenly stating her income was below the threshold (they thought super was taken into consideration). My partner submitted her application on the same day as the nomination was submitted.
    Can you please advise what her options are?
    Can her employer submit a new nomination or do they have to apply to the MRT?
    If they submit a new nomination, does my partner have to submit a new application or can they link it to her current application?
    Her application has not been refused, they have given her 28 days to reply and provide comment on her intentions regarding her visa application “(including providing evidence that you are the subject of an approved nomination)”
    Thank you in advance.

    Reply
    1. Peng Cheng Post author

      Hi Nigel,
      The employer can lodge a new nomination application.
      As the Department have advised, she does have the option of withdrawing the application. The Department may allow for the delay of the decision in relation to the 457 visa to allow the employer to lodge a new nomination application, but whether the Department does this is at their discretion so you need to contact the relevant case officer for this.
      PC

      Reply
  129. af

    Currently i am on MRT. Hearing will be mid sept. I am going to sit for my ielts mid aug. if all goes well, i should be able to apply for 189 eoi end of aug (with 65 points). my question is:
    do i need to go overseas to submit eoi? i know i have to go overseas to apply for the visa (once invitation received), due to section 48. but do i need to go offshore to submit the eoi? or can i submit eoi onshore and nominate the fact that i will be offhore when i apply for the visa.

    Please advise

    Reply
  130. af

    If I go overseas to apply on bridging b for 189 and return on bridging b, would there be any circumstances that dibp will grant me a bridging a for the 189 visa that I applied while I was overseas?

    Reply
    1. Peng Cheng Post author

      In most circumstances, DIBP should be able to grant the applicant a 189 visa while the applicant is in Australia.

      Reply
      1. af

        thanks PC, I am on MRT and the hearing will be mid Sept. if I get 8 in all the bands, I can submit eoi and see if I can get invitation on the 8th sept. I’m thinking if I can go overseas in between come back and attend the hearing. if MRT is refused I will have 28 days to exit the country. will dibp give me a bridging a for the 189 that I have applied while I was overseas?

        Reply
  131. Dom

    Hi
    I’ve just been refused my onshore Remaining Relative application on the grounds that my biological dad is still in England somewhere (wouldn’t even know if he’s still alive) and so is classed as a near relative, even though in my application i stressed that all contact was severed from him at the age of 6 (i am now 29) after domestic violence towards my mum, who is now an australian citizen and also my sponsor…I have nothing to go back to in England and my mum and brother who is also an australian citizen are both here. I’m going to appeal the decision, what do you think my chances are and is there any advice you could give me to get my case across?

    Thanks
    Dominic

    Reply
    1. Peng Cheng Post author

      Hi Dominic,
      I think that you would need to demonstrate that your biological father is no longer alive, such as through a death certificate. Onus is on you as the applicant to obtain the required evidence
      PC

      Reply
    1. Peng Cheng Post author

      If you are applying for citizenship, you can’t have any unlawful period in Australia in the last 4 years.

      Reply
  132. Peng Cheng Post author

    Hi Oryt,
    If you are in Australia, then you should have the right to appeal. The correspondence from the Department advising of the refusal will confirm whether appeal is possible.
    I think that the ban would also apply to dependents.
    PC

    Reply
  133. raaz

    Hello Sir,
    Can i apply for student visa being here in australia. earlier I was having provisional permanent visa 309 but my 100 visa is refused as i am seperated from my ex-partner and i am finding it very hard to prove genuine relationship with my husband and domestic violence as he played well leaving no proofs for anything. I fought for justice but no results . I have 23 days more with me to do whatever i can do. please suggest me options that i can avail for stay here in australia. Is it possible to go on another spouse visa if yes then how?…. thank you

    Reply
    1. Peng Cheng Post author

      Hi Raaz,
      You can’t apply for another student visa because you have had a visa refusal – see explanation above in relation to s48. Maybe you can consider appealing the refusal which would allow you to remain in Australia.
      PC

      Reply
    1. Peng Cheng Post author

      Hi Saabi,
      Maybe, but you would need to appeal to either the court or apply for ministerial intervention if you want to lawfully remain in Australia after a MRT refusal.
      PC

      Reply
  134. sidhu

    hi Peng
    my rsms nomination was refused.so my employer apply for a mrt. during this processing time I applied a 457 nomination from a different employer .which is approved. now I have to take a BV B to go offshore to apply 457 visa application. if I got 457 visa and also if my first employer wins mrt do I be able to go with rsms and work with first employer and cancel the 457 visa from other employer .regards:-

    Reply
  135. Nadine

    Hi I applied for a 187 and it got declined I then applied for it to go before mrt. My partner of over 2yrs is on a 457 visa I was wondering if while on the bva am I able to apply for defacto on his visa

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Nadine,
      You may be able to apply for a de-facto 457 visa, but you may need to lodge this application when you are outside of Australia due to s48.
      PC

      Reply
  136. BZ

    Hi Peng,

    Hoping you can assist. I have been in Australia since 2004 and applied for a 485 after uni in 2007 and then a 885 in 2010. I have a great paying job , and will be marrying my fiancee (an Australian citizen) in 2016, I actually meet all the requirements except for the fact that I have been diagnosed with arthritis. As expected my 885 was refused based on my medical condition (despite letters from medical experts). I lodged an appeal today with the MRT and I would like to think that in the long run common sense will prevail. My problem is that I am due to travel overseas shortly and that the form 1006 cannot be processed. I am looking at a substantial financial loss if I cannot actually go. Would you be able to let me know if I will be able to get a bridging visa B now that I have lodged an appeal with the MRT.

    Regards

    Reply
  137. Ravi

    Hi there,
    I had applied a rsms when I had a student visa. I didn’t go yo school at that time, and meanwhile my rsms got refused due to employers inappropriate documents and the student visa respectively. Then I applied to MRT and now my MRT is refused again.. Is there any other options for me to stay in Australia or if I again want to come back to Australia can I come in a dependent visa or is there any bar on me.please help!!!

    Reply
    1. Peng Cheng Post author

      Hi Ravi,
      You would be barred under s48 as explained above. I can’t determine if you are eligible for another visa just based on the above information.
      PC

      Reply
  138. amrit

    HELLO peng.
    I want to know I got my federal case dismissed but I did not get any letter yet online I cant open the judgement my question is I m getting only 28 days to leave Australia and my 28 days are starting from when I am get letter from court or when they put online from that day I have count bcoz I have to pay the money to the court as well and can I pay that money into instalment or I have to pay full amount in once. and my brother is permanent here can he sponser me in future or not bcoz my age is more than 18.now pls help me I have any way to stay here or come back again.
    thanks for your time.
    regards
    amrit

    Reply
    1. Peng Cheng Post author

      You should receive correspondence which will confirm when your bridging visa will cease. Best to wait for this correspondence.

      Reply
  139. Rena

    Hi PC
    My husband was on TR visa. But when his TR visa ends he applied
    For student visa. So he was on bridging visa A. Before the result of
    This visa came, he has applied for RSMS. So we wr on bridging visa C. The student
    Visa result came negative. But we wr hoping for thr RSMS visa to be positive.
    But now we got refusal for that visa as well. Now we are applying for MRT.
    My ques is after applying for MRT can we apply for another visa as we are on bridging visa C
    . And if the MRT result comes negative can we apply for 187 visa after that.
    Appreciate for your reply.

    Reply
    1. Peng Cheng Post author

      Hi Rena,
      As explained above, you are barred under s48 from applying for basically all visas while you are in Australia. You need to be outside of Australia if you want to lodge an application. Above post explains your options of the MRT decides against you.
      PC

      Reply
  140. andrew

    Hi PC
    I’m on a 2° whv, moving to a 457, I have a drink and driving pending back home, I’m waiting the court verdict which will be just a fine.
    In my two working holidays I never specified about this, will my 457 refused and me being banned?
    Thank you

    Reply
  141. karanvir singh

    Hi
    My name is karan.I have a 573 visa.I got a immigration letter of notice to cancellation of my visa.I provide my answer to immigration.but now I am waitting fit their response but still not got answer.now I want to go to my country.my question is that can immigration cancel my visa when I was in in my country.so at that movement is I will come again anf put mrt on that decission

    Reply
    1. Peng Cheng Post author

      Hi Karanvir,
      Yes the Department can cancel your visa when you are outside of Australia.
      You may still be able to appeal, but you may not have a visa to return to Australia.
      PC

      Reply
  142. Allen

    HI Mr.Peng
    my name is allen , Ive been in Australia for 6 years , I finished my uni studies back in 2012, I didn’t manage to get the right score in ieltz to apply for skilled visa at that time , so I lodged a partner/spouse visa and they granted me bridging visa A im still married till now and I’ve full time job in the industry that I studied at uni for almost 1 year and half and im still living with my wife that i love , unfortunately my case officer made unfavourable decision regarding my partner application and say that our relationship aint genuine ( i don’t know the definition of genuine relationship in her dictionary ) , from my limited knowledge i know that im eligible for going to M.R.T and wait to hear the decision and gain some time , but im hopeless with time and hate waiting , so my question is
    Am i eligible to apply for skilled visa as i certify the points criteria and my English is way better than before so i can get the score they asking for, or its too late for me because i changed my 573 visa to partner visa ?
    can you please advise regarding this matter and if not can you tell me what the best option for me to do .

    thanks for your time and thanks for sharing your knowledge

    Allen Salman

    Reply
    1. Peng Cheng Post author

      Hi Allen,
      As explained above, you are barred under s48 from lodging a skilled independent visa application while you are in Australia. You may be able to lodge a valid application if you are outside of Australia at the time of lodgement.
      PC

      Reply
  143. anaya malik

    hello, its Anaya
    actually i wanna know about the time period after the approval of MRT, MRT had approved our visa in june so how much time embassy take to grant our visa…

    Reply
    1. Peng Cheng Post author

      Hi Anaya,
      As explained above, there is no exact timeframe in which the Department will take a decision. It usually takes a few months, but it take can longer.
      PC

      Reply
  144. jimmy Singh

    Hi,
    My mother vistor visa was refused and i applied for review in MRT and decision was in my favor.But its already been 10 days i called australian high commision india and they said they are waiting for the hard file from australia, i called the MRT and they ssaid they dont have any file,but i remeber the tribunal member had a big file in his hand when i went for the hearing, So my question is how long it would take to process the application.

    Reply
    1. Peng Cheng Post author

      Hi Jimmy,
      As stated above: If your MRT application is successful, then your application will actually be remitted back to the Department for a final determination and decision.
      The Department’s processing time for such applications is generally relatively short – say 2-4 weeks. However, processing times do vary significantly, and it may be months before you receive a decision from the Department.
      PC

      Reply
    1. Peng Cheng Post author

      Hi Jimmy,
      As stated above:
      What if the MRT appeal is successful?

      If your MRT application is successful, then your application will actually be remitted back to the Department for a final determination and decision.
      The Department’s processing time for such applications is generally relatively short – say 2-4 weeks. However, processing times do vary significantly, and it may be months before you receive a decision from the Department.
      Approval of your MRT appeal does not guarantee that your application will be approved. The Department will still check to ensure that all the relevant eligibility requirements are satisfied. I have seen cases where the applicant has been successful with their MRT appeal, but then the visa application is later refused for a different reason, such as not satisfying the relevant health and character requirements.

      PC

      Reply
  145. Jay

    My dear friend,
    I applied for MRT-457. My employee application was rejected. so,
    howmany hr per week can i work now for my employer?(full-time or part-time) and
    howlong will it take to tribunal to open my case?

    Thank you kindly for you time.

    Reply
    1. Peng Cheng Post author

      Hi Jay,
      Check the conditions of your bridging visa to determine your work rights.
      Average waiting times is around 12-18 months.
      PC

      Reply
  146. jyotika

    i had applied for 189 visa once i finished my nursing studies on student visa. i got a refusal coz i unknowingly applied for my 189 before waiting to get the assessment.

    i applied for mrt and went to india to apply for offshore 189 on bvb and returned back.
    my concern is the sentence below:
    For the purposes of this section (which applies only in respect of applications made while a non-citizen is in the migration zone), a non-citizen who, while holding a bridging visa, leaves and re-enters the migration zone is taken to have been continuously in the migration zone despite that travel.
    i have now got my hearing date on the 17th nov but i have decided to withdraw my mrt 2 days before and live to go back home in the 28 days time period they give after.
    is that safe to do so? will it affect my affoshore file?

    you reply will be greatly appreciated

    Reply
    1. Peng Cheng Post author

      The prior application being refused because you didn’t have the skill assessment shouldn’t affect your current application.

      Reply
      1. jyotika

        Does section 48 not affect me going offshore for 189 re application and coming back onshore as per the section 48 bar on bridging visa b while you av got a mrt filed.

        Reply
  147. Mark

    Hi peng,
    I am wondering in regards to work experience, do you think, Immi only consider work experience on TFN or do they also consider experience on ABN. If Immi consider the work experience on ABN, what documents we have to provide to satisfy the Immi.

    I would appreciate your response to my request .
    Thanks

    Reply
    1. Peng Cheng Post author

      Work experience is usually demonstrate through: work references, payslips, tax records (which states your TFN), your own statutory declaration etc.

      Reply
      1. Mark

        Thanks peng

        What about if someone is working on ABN and wants to claim for experience and the person having work reference, tax records and working as individual contractor but generating invoice and give to business to pay back. Is that still liable to claim .

        Reply

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