negative decision on 475 visa
 

Dear All,

My application has been refused just becos of case officer is not satisfied with my work experience. She didnt even varify my employment, she just refused that I have applied for wrong nominated occupation.

My question: If vetassess had aproved my application for the nominated occupation, i got state sponsorship for that nominated occupation & at the end of the tuneel, CO said, we are not on right nominated occupation. That my occupation is different than I applied for. then How vetassess approved that nominated occupation.

This is totally injustice with me. If vetassess approved, which authorised body of DIAC for skill/qualification assessment, then how CO can refused my application on my occupation.

I want justice....here.... I am made for OZ, but either vetasses is wrong or CO is wrong here.

Re: negative decision on 475 visa
 

As I understand it (and Vetassess was not my assessing body so I'm happy to be corrected), Vetassess assess qualifications, not experience. So passing Vetassess doesn't mean you have enough/appropriate experience as far as DIAC are concerned.

Re: negative decision on 475 visa
 

You are correct mate but what's the wrong with the state who sponsored him in the nominated occupation. Definitely states are taking into account the applicants experience together with the nominated occupation. So, if anyone gets a sponsorship from state I think he is OK on experience ground.
Another logic is that a 475 does not require an applicant to be experienced in the nominated occupation. So, I'm confused.:confused:
BTW, What's your nominated occupation and experience emaus?

Re: negative decision on 475 visa
 

Hi Safaet,

I am a bachelor of textile tech, working in sales occupation since 8 yrs, I had sent my qualifications to vetassess for assessment, they assessed my textile technology qualification suitable for sales representative- indistrial products(2222-11). Vetassess assessed me positive on the base of textile tech qualification. Then i have applied for state sponsorship, that time, i have submitted all documents eg. acdemics, work experience, financial status etc, & they have been granted my sponsorship too.
CO said my work experience ( manager-sales & marketing) does not matched with my nominated occupation sales representative-industrial products but it has been matched with sales representative-house goods products which is not on the list.

If textile is not on industrial products list of australian gov, then how vetassess assessed positive for textile qualification? Then how SA has approved sponsorship?

Re: negative decision on 475 visa
 

I am really sorry to hear this news.
Do you have the right to appeal on her decision? did she ask you to comment and clarify? is her decision final?

Re: negative decision on 475 visa
 

So sorry to hear about this. Can you please share your timeline to help those with more or less similar background? How soon did they inform you of the visa refusal from your lodgement?

Re: negative decision on 475 visa
 

I am wondering how come DIAC has started assessing the skills that's dedicated job of these assessing authorities otherwise what is the purpose of forming these authorities.
If DIAC is saying you are falling into another category/group what are the criteria towards approaching this conclusion?
Is not it DIAC is transgression into authority of assessment body by overruling ...

emaus..I understand you should take this matter with relevant assessing authority & tell that DIAC is just over ruling their assessment. See what they say. Also may consider approaching a good lawyer on this.....

Re: negative decision on 475 visa
 

OP has apparently misunderstood the DIAC decision, which was evidently that his work experience is not in a "skilled" occupation, ie an occupation on the Skilled Occupation List.

Even in a situation where an assessing body takes work experience into account, the decision of an assessing body cannot determine what view DIAC will take. An interesting example of that is the preparedness of the ACS to accept IT lecturers as an occupation for the purpose of calculating work experience, although all lecturer positions have been excluded from the SOL. That is, you could be accepted by ACS and still refused by DIAC on the same evidence.

Many TRA decisions have also effectively been "overturned" by DIAC in the last few years.

Cheers,


George Lombard

Re: negative decision on 475 visa
 

Hmmm... another twist in the tale. So we can not relax because ACS has given positive assessment for our skills. DIAC may overturn their decision.
In this particular case, whether emaus will be considered as a non-skilled applicant (I mean with reduced points) or his application stands null and void? Anything CO told you about this, emaus? Any ideas?
Thanks
Husain

Re: negative decision on 475 visa
 

If his occupation is not on the SOL then he cannot apply for a skilled visa. Simple as.

Re: negative decision on 475 visa
 

but my point is my occupation was on SOL, which was earlier assessed by assessing authority, then my present work experience accepted by state gov by giving sponsorship.

Then how at the end of the procudure, diac said you are not not on list, means all authorities are fake & also sponsoring states are also true, when they want ppl, they are approving ppl, sponsoring them, when do not want, they can refused after all stages have been successfully passed.

This is nothing but just injustice with me, I would like to challange this in front of minister of Immigration.

I have full faith in australian laws & their justice panel. I want justice.

If I am not on sol, then why they assessed me positive? why state gov sponsored me with my work exp?

I dont know whether I am wrong or right, but they have assessed me wrong, I can claim for full refund of assessment fees, visa fees & other expences I have spent on this entire procedure.

I need justice & one day some one will help me to get the justice.

Re: negative decision on 475 visa
 

Your skills assessment may be for a skill on the SOL. And the state may sponsor you for a skill on the SOL based on that skills assessment. But, if DIAC determines that your actual work experience is in a different occupation which is not on the skill then that's what it is.

For example...I have a diploma in bricklaying. I get my skills assessed by Vetassess as a bricklayer. I then apply to Victoria as a bricklayer and am approved based on my skills assessment. However, I have not worked as a bricklayer in 20 years but rather as a file clerk at a law firm. DIAC is quite right to determine that I am not eligible to apply as a bricklayer even though I have a positive skills assessment (based on my diploma) and state sponsorship (based on that skills assessment).

I'm really sorry your visa was rejected, however it was determined that your skill and experience don't match. You're not on the SOL, so not eligible for a skilled visa.

Re: negative decision on 475 visa
 

but checklists for state sponsorship also includes, work experience ( present & past) with complete biodata, in which we have to mention everything on present & past work experience ( jobs & responsibilities). How they grant me sponsorship if my work exp has not been matched with my occupation on list.

Re: negative decision on 475 visa
 

State sponsorship is not the same as the requirements for a visa. It is only what the state wants. Maybe the people who look over state sponsorship applications have different criteria than DIAC. Either way, your work experience does not match your nominated occupation so what the state said is irrelevant.

Re: negative decision on 475 visa
 

[QUOTE=Dorothy;7551958]Your skills assessment may be for a skill on the SOL. And the state may sponsor you for a skill on the SOL based on that skills assessment. But, if DIAC determines that your actual work experience is in a different occupation which is not on the skill then that's what it is.

For example...I have a diploma in bricklaying. I get my skills assessed by Vetassess as a bricklayer. I then apply to Victoria as a bricklayer and am approved based on my skills assessment. However, I have not worked as a bricklayer in 20 years but rather as a file clerk at a law firm. DIAC is quite right to determine that I am not eligible to apply as a bricklayer even though I have a positive skills assessment (based on my diploma) and state sponsorship (based on that skills assessment).

For my expample.... i have a degree in textile technology which includes studies in textiles, which have been assessed by vetassess positive, my work experience since 8 yrs in sales of textiles only not in any other product, which have been considered by sponsoring state. I do not have any off field experince.

In decesion letter, she mentioned that my work experience is matched with sales reprentative occupation but not for industrial products but for house hold products, if textile (word) is in house hold products then vetassess have made mistake in assessment.

my question only here that she mentioned textile/clothing word not in industrial products but in house goods product then how vetassess assessed textile technologist positive for SR-industrial product.

Dorothy I respect your opinion here but if textile is in house hold products then why vetassess assessed my textile education suitable for industrial product occupation.