# subclass 485 refusal



## sleepy cat (Jan 13, 2013)

hello everyone hope there are any help for my visa situation.

It is so simple that my application is denied because 
I missed medical check.....!

I submitted application form for subclass 485 skilled graduate 
march 2012 and I received notice of application refusal 
few days ago..

the reason is because my case had been assigned to a case officer 
oct 2012 and I was supposed to take medical check.

HOWEVER, I somehow overlooked email from immigration and 
I failed to take medical check.

now case has been closed so only step I can take is 
to apply for MRT.

Has anyone heard similar case and outcome of MRT decision??
is it too simple that I failed to response so the denial would not be 
overturned...?

any information is helpful.thank you!!


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## kttykat (Oct 30, 2012)

sleepy cat said:


> hello everyone hope there are any help for my visa situation.
> 
> It is so simple that my application is denied because
> I missed medical check.....!
> ...


I suggest you PM Mark Northman http://www.australiaforum.com/members/marknortham.html

He is a migration agent / Mod on the forum.

Your case demonstrates how important it is to never ignore requests from immigration. Unfortunately you have put yourself in a difficult situation.

Sorry I can't help more.

Kttykat


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## MarkNortham (Dec 19, 2012)

Hi Sleepy Cat -

Am looking into this to see if I can get you any specific info. I've looked at the regulations, and what complicates things is the fact that you would no longer meet some of the requirements for the 485 visa application, such as the 6-month Australian Study Requirement, etc. Am also looking at MRT cases. More shortly.

Best,

Mark Northam


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## sleepy cat (Jan 13, 2013)

Hi Kttykat

thanks for you reply...I know it is silly but I have thought a letter would be posted as well as email if immigration was in contacting me. 

I really shouldnt have tick, allow contact me by email! 
I put a permanent address for postal address, that just didnt work...

anyway, its already happening , so I ll see what I can do.
thanks again,

regards 

Sleepy Cat


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## sleepy cat (Jan 13, 2013)

Hi MarkNortham

thanks for your effort.. I dont think I can go back to school or getting another subclass
so I have to see what MRT will decide.

as my understanding MRT will look into if case officer comply with law, so I know this case is difficult. all I can claim is that I had no intention of ignoring a request for health check...sigh. 

If you can find any information or cases with MRT decision, I would be really appreciated. 
...wonder what happen after MRT as well...I need more research too.

thanks .

Sleepy Cat


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## Aussieboy07 (Jan 4, 2013)

Hi Sleepy Cat
My understanding is that you only get one chance at the MRT, so you may wish to consider engaging someone like Mark to maximise your chances of being succesful. I don't normally advocate for the the use of an agent though there are some circumstances that require it. This may be one of those times, just my thoughts.


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## MarkNortham (Dec 19, 2012)

Hi Sleepy Cat -

Sorry for the delay in responding - was sick in bed with the flu.

The MRT provides essentially a "fresh look" at your case, where you have the opportunity to introduce new information as available. The best you can hope from from the MRT is that they remit the case back to DIAC with a determination that the reason for refusal was satisfied in their opinion. This means that for time of decision requirements, if you miss them, get a refusal, but then later satisfy them, you may have a decent chance of the MRT deciding in your favour. So the MRT is not as much about the CO and law, as it is a fresh look at the reason(s) why your application was refused, factoring in any new info.

Getting back to your case, there's good news and bad news, potentially - I can only speak generally since I have not seen your application. And to reiterate what Aussieboy07 said, you only get 1 shot at the MRT for a refusal, so you want to be VERY careful how you prepare your case, etc.

For the 485 visa, it is a *time of application requirement* that you provide evidence that you have booked or arranged for a health exam. It is a *time of decision requirement *that the exam be completed and results sent to DIAC.

So... if you booked the health exam and provided evidence of that with your application, but didn't take it in time, it would make sense to go to the MRT since you met the time of application requirements, and can now (I assume) meet the time of decision requirements as the MRT is in some ways a new "decision".

However, if you did not meet the time of application requirement (ie, you did not provide evidence with your application that you've booked or arranged for a health exam), there may not be much point in going to the MRT as the time of application would stand as a date in the past that you must have met the requirements by. You might be able to argue some sort of compelling or compassionate circumstances, but I don't have enough info to tell you if that had any reasonable chances of success.

I hope this helps some - please advise if I can provide any further assistance, and don't forget the tight deadline for applying for MRT after your refusal - that deadline cannot be changed or waived by MRT or anyone else.

Best,

Mark Northam


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## sleepy cat (Jan 13, 2013)

Hi Ausieboy07

Thanks for your comments, you are absolutely right. I see the situation here and this is my last chance to extend stay in Australia since Im not looking at getting PR...
I am currently consulting with one of migrant agency, but I could not help myself searching and seek information by myself.


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## Aussieboy07 (Jan 4, 2013)

Sleepy Cat
Just be sure that you are using a Registered Migration Agent (they should have evidence including licensing number of their registration) as there are some people who say they are migration agents but are not. Therefore you do not get the expertise that you think you are paying for.


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## sleepy cat (Jan 13, 2013)

Hi MarkNortham,

Thanks again for your reply, hope you got better.

Your explanation gave me a bit of hope, at least that I called up Medibank to make an apointment(then I was told I dont make appointment til DIAC require me to.) 
so I had my reference number in application.

The only regret I have here is that I could actually make an appointment and could have done a health check at any point without request from DIAC. Probably it was kindness of the operator offering me just reference number, advising not make appointment before submitting application form to avoid possible double cost for another medical check as the result valid only for a year.

BUT. no if story works in real life, so now I have better understanding of m situation with your comments. Thank you so much for your help...I did not mean to take advantage of you, but I am already engaged to another agent. However now I have a slight hope and maybe thats what I needed...being told no chance at all, but since I have to wait whatever the decision to be made by MRT, having a hope is better than being depressed I guess.

Thanks again, I do what I can do the best now and just wait for MRT's decision!


best regards

Sleepy Cat


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## sleepy cat (Jan 13, 2013)

Thanks Aussieboy07,

Yeah...I understand success in application kinda depends on agent's skill (quite not sure what sort of power they have..lol), I mean, in general. They are alright, I luckily have many friends got PR in Aus so have info about who I should consul with. But my case is too simple and that is one of problem for them I guess.


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## Aussieboy07 (Jan 4, 2013)

Hey Sleepy Cat
Yes i think we all rely a lot on Mark and his generous support. Considering that this is also how he makes a living, i also am very appreciative to see his comments/sharing of his expertise for free. Hopefully enough people on this site will learn from him and continue sharing the knowledge with others, so Mark is not having to do the same posts over and over again as new people come.


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## MarkNortham (Dec 19, 2012)

Hi Sleepy Cat -

No problem, happy to help - that's why I spend time here. I hope your agent properly prepared your MRT submission and didn't charge you too much! 

Good luck with your case-

Best,

Mark Northam


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