# visa refusal, MRT questions



## biantamani (May 7, 2013)

*student 573 visa refusal, MRT questions*

hey everyone my name is Ellen. I am just registed here and i wish that someone can help.

the procedure of refusal of student 573 visa application is:

visa expired for 2 months - got a BVE - made student visa 573 application - be refused - lodeged application for MRTwithin 21 refusal days - going to hearing at the end of May now

1.Do you guys think there is any possibility to get my student visa back via MRT? 
2.How?
3. what sort of evidence or support documents would be persuasive?
4. what is the regular argument like in MRT hearing?
5. how to get as much time as possible to stay in australia lawful?

THX!!!!!!!!!!!!!!!


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## shingle (Sep 30, 2012)

were you illegal for 2 months? which visa had you arrived on?

Honest opinion? no chance- what are you offering Australia?


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## MarkNortham (Dec 19, 2012)

Hi -

In most circumstances with a subclass 573 visa you have 28 days from the date your previous student visa ceases to make application for another one, but the regulations in this area are a bit complex and require careful reading to make sure you understand all of your rights.

The MRT can be very helpful if the specific requirement you are refused on is a time a decision requirement, because the MRT essentially is a new visa decision. However if a requirement is a time of application requirement, often the MRT is not as effective since they must use the same regulations that DIAC did in looking back to the time of application. The good news is that you can bring in new evidence to an MRT case, so if there was evidence that DIAC did not have or did not consider, the MRT can and will consider it.

Best,

Mark Northam


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## biantamani (May 7, 2013)

shingle said:


> were you illegal for 2 months? which visa had you arrived on?
> 
> Honest opinion? no chance- what are you offering Australia?


Thanks for your honest reply, Shingle. This is also what i thought.
Maybe no more chance. 
I am a student at the moment and I was holding student visa 573 before it expired. I am now still in university and have half more years to finish my bachelor. May go for Minister intervene after MRT.
Thx anyway.

Ellen


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## biantamani (May 7, 2013)

MarkNortham said:


> Hi -
> 
> In most circumstances with a subclass 573 visa you have 28 days from the date your previous student visa ceases to make application for another one, but the regulations in this area are a bit complex and require careful reading to make sure you understand all of your rights.
> 
> ...


Thank you very much for your kind reply. But can you tell me deeply what sort of evidence might be effective or useful to save my student visa? I have researched a lot of cases in Austlii, but all of the people came with the same case with me were failed in MRT. Do you think Minister intervene will work?

Thank you friend~

Ellen


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## shingle (Sep 30, 2012)

Ellen- what you need if you are going to go down the MRT route is expert support from a MARA reg'd agent- & one who understands the intricate legalities involved; which means it would cost you a fortune anyway. 
Might it be a better idea to finish your studies/training in an occupation that fits with the SOL/CSOL lists & then apply directly for a skilled visa? or at least one with a sponsoring employer?


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## biantamani (May 7, 2013)

shingle said:


> Ellen- what you need if you are going to go down the MRT route is expert support from a MARA reg'd agent- & one who understands the intricate legalities involved; which means it would cost you a fortune anyway.
> Might it be a better idea to finish your studies/training in an occupation that fits with the SOL/CSOL lists & then apply directly for a skilled visa? or at least one with a sponsoring employer?


yeh you are correct, this might be the best way to go. I am studying international business and trying to find sponsorship in remote regions. but it might not be that easy. you seems so professional, lawyers also give same answers with you.
but is there any employee would like to employ a person without much working experience straight away?


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## MarkNortham (Dec 19, 2012)

Hi Ellen -

If you were refused on a time of application requirement, and that requirement is a "black & white" requirement (ie, a clear choice, no "wiggle room" or room for interpretation), then it's very likely you will not succeed at the MRT, and will then have the option of Ministerial Intervention which is essentially an opportunity to beg the Minister for a visa based on unusual/exceptional/unfair aspects of how the regulations were applied in your case (among other reasons).

Sorry I don't have better news! Please advise if I can assist further -

Best,

Mark Northam



biantamani said:


> Thank you very much for your kind reply. But can you tell me deeply what sort of evidence might be effective or useful to save my student visa? I have researched a lot of cases in Austlii, but all of the people came with the same case with me were failed in MRT. Do you think Minister intervene will work?
> 
> Thank you friend~
> 
> Ellen


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## ProblemChild (Mar 12, 2013)

shingle said:


> Ellen- what you need if you are going to go down the MRT route is expert support from a MARA reg'd agent- & one who understands the intricate legalities involved; which means it would cost you a fortune anyway.
> Might it be a better idea to finish your studies/training in an occupation that fits with the SOL/CSOL lists & then apply directly for a skilled visa? or at least one with a sponsoring employer?


Are you sure? I do not think you can apply for a skilled migration visa when you are on a Bridging Visa E (although I am not sure, either).


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## MarkNortham (Dec 19, 2012)

The main issue here is that you cannot apply onshore if you have an onshore refusal and have not departed Australia yet, other than applying for a partner or protection visa (or bridging visa in certain cases).

Best,

Mark Northam



ProblemChild said:


> Are you sure? I do not think you can apply for a skilled migration visa when you are on a Bridging Visa E (although I am not sure, either).


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## ProblemChild (Mar 12, 2013)

MarkNortham said:


> The main issue here is that you cannot apply onshore if you have an onshore refusal and have not departed Australia yet, other than applying for a partner or protection visa (or bridging visa in certain cases).
> 
> Best,
> 
> Mark Northam


If you departed Australia, you are not on a Bridging Visa E. ))


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## Kaushik (May 10, 2013)

Hi Mark Northam.

I am on 457 visa and have applied dependent visa for my wife on the 24th of April. She went through the medical test on 26th of april. 1st of may medicals received and finalised. No updates till now after that. Still waiting for CO to be allocated. I am kinda nervous as couple of my frnds spouse visas where granted in just after 2-4 days of medicals, in my wifes case its been 10 days. please let me know how much more time it might take and what could be the reason for delay? Thank you

Kaushik


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## shingle (Sep 30, 2012)

ProblemChild said:


> Are you sure? I do not think you can apply for a skilled migration visa when you are on a Bridging Visa E (although I am not sure, either).


Sorry- meant this if she has to return home.


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## biantamani (May 7, 2013)

ProblemChild said:


> Are you sure? I do not think you can apply for a skilled migration visa when you are on a Bridging Visa E (although I am not sure, either).


hi, 
if got visa refusal, you will get a 3 year bar and won't be able to apply any short term visa(include student visa, skilled visa, etc). they only way to come back to Australia soon is sponsorship or partner(marriage)


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