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Mzha

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  1. You lodged an application for a 485 visa on 02 August 2016 and declared in your application form that you had not applied for an Australian Federal Police check in the last 12 months. As you have not applied for an Australian Federal Police check during the 12 months immediately before the day you lodged your visa application I therefore find that you do not satisfy the requirements of Regulation 485.213. Decision As clause 485.213 is not met by the applicant, I find the criteria for the grant of a Temporary Graduate (Graduate Work) visa in the Graduate Work stream are not met by the applicant, and thus the applicant does not meet the criteria for the grant of a Temporary Graduate (Graduate Work) visa. I therefore find the criteria for the grant of a Temporary Graduate visa are not met by the applicant. Therefore, I refuse the application by the applicant for a Temporary Graduate visa. As the application has been assessed as not meeting the requirements of clause485.213, I have not assessed the application further against the requirements of this subclass. Yours sincerely Tracy Position Number: 60034127 Department of Immigration and Border Protection 23 August 2016
  2. Regulation 485.213 states: When the application was made, it was accompanied by evidence that: a the applicant; and b each person included in the application who is at least 16; had applied for an Australian Federal Police check during the 12 months immediately before the day the application is made.
  3. An application for a Temporary Graduate (Graduate Work) visa has been made by the applicant. Under the migration law, a visa cannot be granted unless the applicant meets the relevant legal requirements that are specified in the Act and the Regulations. Regulation 485.213 has not been met by the applicant on the date I made my decision.
  4. The applicant’s claims The applicant has applied for the grant of a Temporary Graduate (Graduate Work) (subclass 485) visa on the basis that she had applied for an Australian Federal Police check in the 12 months immediately before the day the application was made. Information and evidence considered I am a delegated decision maker under section 65 of the Migration Act 1958. In reaching my decision, I have considered the following: ● relevant legislation contained in the Migration Act and Migration Regulations 1994 ● information contained in the Department's Procedures Advice Manual 3 ● documents and information provided by the applicant(s) ● The Australian and New Zealand Standard Classification of Occupation (ANZSCO) as it is applied to occupation definitions and skill requirements in Australia. Findings From all the information available to me, including the documents and information the applicant provided, I find that the criteria for the grant of a Temporary Graduate (Graduate Work) visa are not met by the applicant. Reasons I have assessed the application by the applicant and the reasons for my decision are detailed below.
  5. You can lodge an application for review online at www.tribunalonline.mrt-rrt.gov.au. Alternatively, review application forms can be lodged by email to MRDivision@aat.gov.au or by fax to 02 9276 5599 or 03 8600 5801. Further information about the merits review process is available from the AAT on the Tribunal website at www.aat.gov.au As this letter was sent to you by email, you are taken to have received it at the end of the day it was transmitted. Questions about this decision The Department cannot consider your visa application any further. Visa Application charge The visa application charge which has already been paid can only be refunded in limited circumstances, regardless of the application outcome. ImmiAccount Bridging Visa Application Lodgement Your ImmiAccount cannot be used to lodge further Bridging visa applications linked to this application. Applications for a bridging visa while you are seeking review of a decision must be made using Form 1005 Application for a Bridging visa. Form 1005 is available on our website at www.border.gov.au/Forms/Documents/1005.pdf Client service information We value your compliments, complaints and suggestions. Your compliments let us know where we are performing well and your complaints and suggestions help us improve the services we provide. Further information on our Client Service Charter and how to make a compliment, complaint or suggestion is available at www.border.gov.au/about/contact/provide-feedback Yours sincerely Tracy Position Number: 60034127 Department of Immigration and Border Protection
  6. Notification of refusal of application for a Temporary Graduate (class VC) Temporary Graduate (Graduate Work) (subclass 485) visa Refused Applicant The application for this visa has been refused for the following applicant Client Name Zhang MIAOYI Date of Birth 27 February 1993 The applicant did not satisfy the provisions of the Migration Regulations 1994. The attached Decision Record provides detailed information about this decision as it applies to this applicant. Review rights The decision can be reviewed. The Department cannot consider your visa application any further. However, you are entitled to apply to the Administrative Appeals Tribunal (AAT) for a merits review of this decision. An application for merits review of this decision must be given to the AAT within 21 calendar days after the day on which you are taken to have received this letter. You may only seek merits review of this decision with the AAT if you are physically present in Australia at the time this application for merits review is made. This review period is prescribed in law and an application for merits review may not be accepted after that date. Your immigration status When your visa application was lodged, a bridging visa was granted to you for the duration of the visa processing period. If you make a valid application for merits review of this refusal decision then that bridging visa will remain in effect during the merits review proceedings. Otherwise your bridging visa will cease 28 calendar days after this notice is taken to have been received. More information on bridging visas is at www.border.gov.au/Trav/Visi/Visi/ Bridging-visas. Leaving Australia You must depart Australia by the date your bridging visa ceases. If you stay in Australia after the date your bridging visa ceases (and you do not hold another visa) you will be here unlawfully. This has serious consequences including possible detention and removal from Australia. If there are reasons why you cannot depart Australia by the time your visa ceases, you should contact us for advice and assistance as soon as possible. You can call 131 881 between 8.30 am and 4.30 pm Monday to Friday or you can visit any one of the Department’s offices. Details of our office locations and opening hours are available at www.border.gov.au Lodging another application While you are in Australia, you can only lodge another application in very limited circumstances for a visa to allow you to remain in Australia. Refer to Form 1026i Limitations on Applications in Australia available at www.border.gov.au/Forms/Documents/1026i.pdf If you lodge a new application, you may be granted a bridging visa which will remain in effect until you are notified of a decision on that application. Any new application will be considered on its individual merits. Lodging an application for merits review Applications for review can be lodged online, in person, faxed or posted to any registry of the Administrative Appeals Tribunal (AAT).
  7. Hi lifesavers, Thank you for looking into my case. My application did not include police check and got refused right away without being notified about the lack of files. The letter mentioned that i can get this decision reviewed. Is it wise to get it reviewed at the AAT the case and how may I do it? Otherwise can I reapply the same visa right now and would I get a bridging visa? I do not wish to leave the country if possible. My refusal letter is attached. Thank you very much for reading this. And I would be much appreciated if anyone can give me a clue. Cheers, Miaoyi
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