# 485 Visa Refusal- Need help and opinions!



## gunpowder (Sep 28, 2016)

Hi all, I've just gotten a refusal for my 485 (Temporary Graduate) visa application and am seeking the advice of a lawyer, but thought it might be helpful to get some other perspectives. 

Basically, the reason I was refused was that I applied for the visa 5 days before my 'official' course completion date stated on my completion letter and therefore did not technically meet the six month Australian study requirement (which seems ridiculous and pedantic but there you go). I applied on the 3rd August and my completion letter stated that my course completion date was 8th August.

I successfully met all other requirements and provided the necessary documents (skills assessment, police check, ielts, etc) so my refusal was based entirely on the fact that I submitted 5 days too early.

That being said, I also provided in my initial visa application an official academic transcript which confirmed that I had passed all my courses and achieved all the credit points necessary to complete my program- this transcript was obtained on the 27th of July (and dated as such). At the time that I had submitted my visa application, there was no longer any academic tasks for me to complete, nor for the university to assess. At the time I submitted my visa application, I also included a course completion letter which stated my completion date as, simply, 'August 2016' with no exact date (later on my case officer requested another completion letter with the exact date, which is when I obtained the letter stating 8th August as my completion date). 

I am thinking that based on this, I have a case to appeal the DIBP's decision to refuse my visa. 

Any thoughts/advice/opinions are welcome and much appreciated!


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## Jeremy Hooper (Jul 10, 2014)

When did you graduate. Was it this year. If yes, I suggest that you depart Australia, come back in on a visitor visa and apply again.

Your appeal will fail and you had not officially completed your course when you lodged your application. The regulations are quite clear on this.


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## gunpowder (Sep 28, 2016)

Jeremy Hooper said:


> When did you graduate. Was it this year. If yes, I suggest that you depart Australia, come back in on a visitor visa and apply again.
> 
> Your appeal will fail and you had not officially completed your course when you lodged your application. The regulations are quite clear on this.


Yes I finished my course this year in July/August. It does seem that coming back on a visitor visa and re-applying would be the most cost effective/time effective option, but I am concerned that my refusal will have implications for a future application for the same visa. Additionally, I do have a job and coming back on a visitor visa/re-applying would cause a fair amount of upheaval that I would prefer to avoid.

I guess what I am trying to dispute here is that I had completed the course before the 'official' completion date.

According to previous tribunal cases available on the federal court of Australia database, 'completion of a degree' has been defined as the following: "when [the] last result was entered into the student record"; "when you achieve the necessary results or credits to enable you to be awarded the relevant degree or diploma."; "completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award. Note: The academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification, for subregulation (2), before the award is formally conferred."; and "there was nothing more for the applicant to do of an academic nature [...] What was required, admittedly, were certain steps, but they were purely administrative steps that did not require any form of academic effort by [the applicant] nor any evaluation of any such effort by the university" (stated in Venkatesan v Minister for Immigration & Anor [2008] FMCA 409 (10 April 2008), ; Sapkota v Minister for Immigration & Anor [2012] FMCA 137 (1 March 2012).

All of the above seem to support that I had, according to the law, completed my studies when I submitted my visa application.


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## gunpowder (Sep 28, 2016)

Further info retrieved from the AustLII Databases for reference:

3 MEANING OF COMPLETED COURSES
3.1 Met the academic requirements for award (conferral)
Completed is defined in regulation 1.15F(2) to mean having met the academic requirements for the award of the degree, diploma or trade certificate.
As indicated in the accompanying note in the regulation, the academic requirements for the award of a degree, diploma or trade qualification do not include the formal conferral of the degree, diploma or trade qualification. Therefore, a person can complete a degree, diploma or trade qualification before the award is formally conferred.
3.2 The critical date
The critical date is the date on which the results of the student’s final exams or of completion of the course were available or published. This could be (as examples only):
• a letter to the student regarding their final exam results
• notification on the Internet
• notification in the newspaper or
• notification on the university bulletin board.
This date is relevant because from this date the assessing bodies can undertake a skills assessment. Although the degree certificate generally shows the date of award or conferral, that information is not applicable in this instance. Evidence is required of the date of completion of the course, not the date of conferral of the degree.

The issue is that I was informed (by way of my official academic transcript) that I had achieved the necessary requirements to complete my course earlier than the course completion date provided by my uni's completion letter.


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## KofteQueen (Mar 31, 2016)

gunpowder said:


> The issue is that I was informed (by way of my official academic transcript) that I had achieved the necessary requirements to complete my course earlier than the course completion date provided by my uni's completion letter.


You should probably seek the advice of a registered migration agent. (One has already replied to your original post.)

I would think that DIBP would use the date on the official statement of academic completion issued by the university.


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## gunpowder (Sep 28, 2016)

KofteQueen said:


> You should probably seek the advice of a registered migration agent. (One has already replied to your original post.)
> 
> I would think that DIBP would use the date on the official statement of academic completion issued by the university.


Yes, I already have a lawyer looking into this for me and I am waiting to hear back from them, but I just wanted to see what other people think as I've spoken to people who have given me drastically different responses.


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## Maggie-May24 (Jul 24, 2011)

If your lawyer is also a registered migration agent, then I'd wait to see what they say. If they aren't also a registered migration agent, I'd arrange to speak with one.


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## wrussell (Dec 31, 2014)

This issue is not uncommon and can be dealt with at an AAT review. I have a 100% success rate with such applications and one in the tribunal at the moment. You have only a limited time to apply for a review. If you want me to have a look at your case go to my website : pinoyau.com and use the contact form.


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## niraaj (Apr 29, 2017)

*485 refusal*

I have the same case like this. Is it solved or not. What is the decision of aat.


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## EDT (Aug 22, 2014)

niraaj said:


> I have the same case like this. Is it solved or not. What is the decision of aat.


Contact the above migration agent Russell


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## wrussell (Dec 31, 2014)

EDT said:


> Contact the above migration agent Russell


*I had my first ever loss in the AAT last Wednesday. The problem was that onshore applicants have only 21 days from a refusal to lodge a review application and it takes longer than that to have the immi files released, so if the agent acting did not manage the original application, s/he has to lodge 'blind' and hope for the best. There could be reasons, other than the stated reason, for a refusal. Delegates do not as a rule list every possible reason that an application could have been refused. There could be something fatal in the paperwork that is discovered after a review application has been lodged.

I was able to prove that my client had satisfactorily completed all his assessment tasks and that he had been formally notified of this for most, but not all his subjects, before he lodged his 485 visa application The presiding member did not accept his evidence about having been formally notified the remaining subjects.

Had my client taken my professional advice before lodging a visa application, I would have told him to wait until he had his completion letter (incorrect as it was) before lodging and he would have been OK.

In a similar case I was able to satisfy the tribunal that my client had met the Australian Study Requirements before lodging his visa application, but not this time, due to the intransigence of the course provider.

In all the circumstances of the case, my client was perhaps not much worse off for having lodged a failed review application, except for $2.6K in in fees and costs and being unable to lodge another onshore application. There was no prospect that the course he was advised to take, would have let to permanent residence and he was able to work in Australia for just about the same time as a successful 485 application would have permitted.

I have sometimes been able to advise about a potentially more reliable and less costly path to permanent residence than study in Australia. It is impossible to predict which occupations will be on which list tomorrow, let alone some yeas in the future when a course of study has been completed.
*


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## niraaj (Apr 29, 2017)

gunpowder said:


> Yes, I already have a lawyer looking into this for me and I am waiting to hear back from them, but I just wanted to see what other people think as I've spoken to people who have given me drastically different responses.


Did your lawyer solve the problem?? I just want to know the hearing.


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## niraaj (Apr 29, 2017)

gunpowder said:


> Hi all, I've just gotten a refusal for my 485 (Temporary Graduate) visa application and am seeking the advice of a lawyer, but thought it might be helpful to get some other perspectives.
> 
> Basically, the reason I was refused was that I applied for the visa 5 days before my 'official' course completion date stated on my completion letter and therefore did not technically meet the six month Australian study requirement (which seems ridiculous and pedantic but there you go). I applied on the 3rd August and my completion letter stated that my course completion date was 8th August.
> 
> ...


Did u won the case in AAT ... . Seek ur advise.


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## niraaj (Apr 29, 2017)

Di u won the case


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## niraaj (Apr 29, 2017)

Hope this case is already solved. Can any one thell me whats the decision. As my hearing is also approaching soon.


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## Suryateja (Aug 3, 2018)

*Fss*



niraaj said:


> Di u won the case


what happen with ur case.. did you win ???
I have to lodge the application in a week


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## grachipmunks (Jan 1, 2019)

Hi Niraaj,

do u mind telling me on how ur case turned out to be? I have a similar case and is seeking for advice on what is the best way to go right now.

thank you,
grace


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## grachipmunks (Jan 1, 2019)

hi suryateja,

how did ur case go? i have a very similar case and was wondering how the case turned out to be.

thanks,


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## grachipmunks (Jan 1, 2019)

hey gunpowder,

how did ur case end up to be? i have a very similar case and was wondering what is the best way to go now.

thanks,


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