Shibhycurtis

Hi, I have just received refusal notification for my Skilled (Provisional) (CLass VC) SUBCLASS 487 (Skilled - Regional Sponsored). I believe the reason for the refusal is because I did not submit my IELTS test results with the application, I submitted them two weeks later, but after carefully going through the visa requirements I can now see that these results were to be included with the initial application as they were used for points purposes. My question is.... If I was to go through the Migration Review Tribunal would they now accept the results with the application and grant the visa? Or would they only look at the initial application (no IELTS results). I only have two months left on my working Holiday visa, and as my brother, three nieces and boyfriend are here I am very keen to stay. Could you please advise. Thanks

Dorothy

I don't know how you could have not seen on the DIAC website that your IELTS was to be included in your application. It's here in the basic requirements checklist. http://www.immi.gov.au/skilled/gener..._checklist.pdf

What grounds for appeal do you think you have? You didn't meet the basic requirements at the time you applied, so your visa was refused.

If it were me I would contact a good agent who's experienced with MRT cases - expect to pay for their services. George Lombard in Sydney would be who I would call. You can find his contact details either on here or google him.

Bermudashorts

I don't see what appealing woudl do, you did not meet the criteria. You have two months left on your WHV so I would suggest you lodge a new application.

Shibhycurtis

It is not actually that clear, it states on the check-list that you need proof of the booking of an IELTS. And then again on the form you fill in. The advise I was looking for is, Does the Migration Review Tribunal look at the initial application on all the document in full?

Dorothy

Yes. Of course they would look at the initial application and all the documents in full.

Dorothy

Did you click on that link? I did and here's what I came up with. Take a read. http://www.immi.gov.au/skilled/gener...ty-english.htm (cut from the link above:
You meet the English language threshold of competent if you hold a valid passport from, and are a citizen of, one of the following countries:

•United Kingdom (UK)
•Canada
•New Zealand
•United States of America (USA)
•Republic of Ireland.
Evidence to attach to your application
You must provide one of the following:

•evidence that you hold an eligible passport
or
•IELTS Test Report Form (TRF) Number to show you have a band score of at least six on each of the four components – speaking, reading, listening and writing
or
•evidence that you undertook a language test as specified by the minister.

Shibhycurtis

Do you think the Tribunal would grant the visa now, All documents are current and correct now?
Or should I lodge the application again? If so would I get all my paperwork back from my initial application (Medical, Skills assessment results, IELTS results etc?)

George Lombard

Hi Shibhy,

This is the kind of case which we routinely advise on. The critical point will be the time of your application, as rights have changed dramatically with the legislation. Suggest you call our office number on 02-97990085.

Cheers,

George Lombard

Dorothy

No, I don't think the tribunal would grant you a visa. You clearly did not meet the requirements, so why should they? However I am not an agent and have no firsthand experience of the MRT.

The fact is that you did not meet the basic requirements for the visa at the time of application. I don't honestly see what you could possibly try to appeal. It was your mistake, not DIAC's. You failed to provide the basic information required at the time of application, not 2 weeks later, so your application was probably rightly refused.

The advice I gave you earlier to contact an agent (George Lombard) stands. He should be able to give you an informed opinion as to whether you have a case for the MRT.

Shibhycurtis

Ok fair enough, do you know what documentation I would get back from immigration?

George Lombard

Hi Shibhy,

Ordinarily nothing comes back unless it's an original document and you request it.

If you do lodge an MRT application then you are entitled to look at a copy of the DIAC file minus any documentation which is exempt for any reason.

Cheers,

George Lombard

Shibhycurtis

Thanks you so much for your helpful information. I have submitted and Expression of Interest to do the whole process again.
Just incase this does not work my boyfriend for the last 12 months is here in Australia on a 457 visa he has two years left on it and if my visa does not work then I am thinking of going on his visa on the defacto relationship. Does anyone know what we need to do for this?

Tramps_mate

To have lived together for 12 months..