hjson

Hi, all

Yesterday, I've checked the mail including Refusal Decision Record from CO.
The reason is that my skill assessments document doesn't meet the criteria 175.212 as skills assessment applied for after application made!! which means it was delayed.
I applied for the visa via agent and they let me know there would be no problem if I hand in the lack documents within 28days and it's legally.
I applied for 175 (28/06/11) and the result of skill assessment was made (26/07/11). Absolutely, I applied skills assessment (30/03/11) and it tooks 17weeks, so I had to progress 175 visa without the result of skills assessment.
However, it seems like wrong. As far as I known, 175 applicants doesn't have right to appeal this decision. Am I right?
Is there any way to help me?? I can't re apply for 175 visa as I am not qualified for new 175 criteria.
If there is pre-example like me, let me know.
Agent said, they will do whatever they have to and can do, but I can't believe them.

goldchoccycoin

Your agent should have known and made clear to you that you CAN NOT submit a valid 175 application without a skills assessment already obtained.

You have no reason to appeal - you did not follow the instructions. I would be asking the agent to apply for a new 175 at no cost to you - they made a huge error.

Best of luck.

Bermudashorts

What do you mean you let the agent know that there would be no problem supplying documents later? Your agent should have been telling you what would and would not be a problem not the other way around.

This is very clearly a problem and you have no grounds for appeal.

The best you can do is ask the agent to lodge a new application at no cost or if you no longer qualify, reimburse the funds spent. Why do you not qualify any more?

hjson

The Qualification of 175 has been changed and ILETS score and exprience condition are getting higher.

pumpkin blossom

I am confused firstly as to why you didn't just wait for the results before applying, and secondly why you can't reapply?

Your agent should never have let you apply if you made it clear to them that you didn't have the results yet, although not intending to upset you, your english is quite hard work to understand, so could they have misunderstood?

hjson

Hi,
Since July 2011, the immigration law has been changed so I had to make a choice before July. Therefore my agent applied for the applicants on 6/28 and after that we waited for the result of skills assessment. They said it would be no problem if it's handed in via online within 28days legally.
My ielts score and experience don't meet new criteria of immigration 175 no more, so I can't re apply 175 visa again unfortunately.

goldchoccycoin

Your agent was wrong - you cannot submit an application without already having a positive skill assessment. You need to make a complaint.

Bermudashorts

Not much point beating a deadline if you don't meet the criteria ... and having a positive skills assessment in hand was always the criteria.

You should pursue your agent ot get all your money back and then find a new agent and start to work out how you can qualify, you might not have the required IELTS score today, but it is something that can be worked towards for example.

Pollyana

I hope you were sensible enough to use a MARA registered agent. If so, you can - and should - complain.

hjson

The agent is registered by MARA. If so, Can I complain about the result of refusal Noti to Migration depart??

I don't want to do MRT as 175 doesn't have right to appeal at this moment.

goldchoccycoin

You can't complain about the Refusal Notice - and MARA will not reverse the decision of DIAC, but yes, you should make a complaint - their advice was plainly wrong and as a result you should never have submitted in the first place.

Dorothy

No, you cannot complain about the result of application. If you wish to make a complaint about your agent's handling of your application you complain to MARA. www.themara.com.au

I don't know what you mean about MRT. As you know already there is no appeal for 175 applicants. The best you can do is to brush up on your English and resit the IELTS and maybe try to apply again.

Bermudashorts

No, there is nothing you can do about the visa application now. It is declined and that is it. All you can do now is damage limitation, recoup your losses and look to lodge a new application.

sufyan_victoria

Yesterday , DIAC informed you about the refusal reason , didn't they inform you about it as before , i mean after almost 9 months DIAC is refusing yours case with the a delay reason of yours skill assessment , what is yours category and from where yours agent belong?

mrsgreenstar76

That information is relevant how?