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Visa Refused Due To Lack Of Files. Need Help.

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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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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).

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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

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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.

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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.

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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.

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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

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