# Visa refused for incorrect reasons



## Zawar (Mar 25, 2012)

Yesterday, the Aus immigration bombed me with a refusal to my skilled independent application, stating that I did not provide required documents. However, I had done that. See the email thread below for details.

I just called their helpline and was informed that the immigration officer's decision is final with no chance of revisiting it. They cannot give me any advice, and for that I have to consult a lawyer. Having sent an email to my immigration officer yesterday, the phone operator advised that I wait for 2-7 days for a response to that email. If it doesn't come through, then I should call the help line again for them to escalate my request. If none of that works, then I should get legal help.

My question is if you are familiar with such a situation, and if so, do you have any advice on how I should proceed?

Wassalam

Zawar

---------- Forwarded message ----------
From: Zawar <**************>
Date: Tue, Jul 16, 2013 at 10:42 AM
Subject: Re: **************** - Refusal Notification
To: Adelaide GSM Team 4 <[email protected]>

Dear Case Officer

I acknowledge receipt of this email. I respectfully state that the reasons for refusing this application are not valid. The reason stated in the Decision Record is:

"On 03 April 2013 an initial assessment was completed on this visa application. A request for evidence that your skills had been assessed by the relevant assessing authority was made on that date and a response due by 01 May 2013.
To date no further documentation or information pertaining to this application has been received and as such, and in accordance with Section 62 of the Act, this decision has been made based on the information available."

I believe that the above reasoning is invalid, as I have already provided my skill assessment to you by email. The details are as follows:

On April 29th 2013, I sent an email to the address [email protected]********, titled "Re: T4 **************- Zawar - Request Documents or Info", stating that the online document upload interface is not working, and am therefore posting the required documents at a shared location.

On May 6th 2013, I received an email from the address [email protected]****************, titled "RE: T4 ******************* - Zawar - Request Documents or Info [SEC=UNCLASSIFIED]". The text of this email is as follows:

UNCLASSIFIED

Hi

Please email the documents to me it will be a lot easier that way.

Regards
***************
Visa Processing Officer - Team 4
General Skilled Migration - Adelaide
Department of Immigration and Citizenship (DIAC)
Fax: ************
Email: [email protected]*****************

On May 6th, 2013, in response to the above email, I sent 2 emails containing as attachment all the documents I had shared earlier. Since the combined size of the document was larger than what my email service supported, it was needed to send the documents as two seperate emails. It is entirely possible that for some reason, my email went into your spam inbox.

Based on the above, kindly retract your refusal decision. To facilitate the processing of my application, I am forwarding to you the same 2 emails containing the required documents.

Sincerely
Dr. Zawar *********

On Tue, Jul 16, 2013 at 9:42 AM, <[email protected]********> wrote:
Department of Immigration and Citizenship

Dear Zawar

Please see the attached information regarding ********************, Zawar - Refusal Notification.

The letter and attachments are provided as PDF files. To view or print a PDF file, you need the Adobe Reader®, version 5 or later, on your computer. You can download a free copy of Adobe Reader® and access instructions on how to install the software from the Adobe website Adobe - Adobe Reader download - All versions.

Questions about this decision

If you have questions about the process or information that was taken into account in determining your application, you may contact your case officer using the specific team email address that has been provided to you. You will find the team email address at the bottom of this letter. We try to respond to all email enquiries within seven (7) working days.

Please be aware that no further assessment of this visa application can be taken at this office.

Yours sincerely

*************
Case Officer

Team 04

GSM Adelaide

Department of Immigration and Citizenship


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## CollegeGirl (Nov 10, 2012)

Hi Zawar - welcome to the boards. Sorry you're having such a hard time. 

Just to let you know, I had to edit your post. Your full name was all over that post, as was information about your CO's full name. Here we do not use full names, either our own or COs. This is for our posters' protection, as DIAC monitors all popular immigration message boards (likely including this one) and we want to protect our members' privacy to the best of our ability.


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## rayromano (Jul 17, 2013)

I had an Australian Visa refused once and I learnt my mistakes from that refusal. 

Please note that DIAC will not revert your case once they have made a decision. 
You have the option of going to the Migration Tribunal and if you prove your case with documents and evidence ( like those emails that you posted above) then there are good chances of your decision being revoked . 

It is also a good idea to consult a Migration lawyer who specializes in Visa Refusals.


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## Zawar (Mar 25, 2012)

CollegeGirl: Thank you for taking the time to edit my post. I hope your college studies didn't suffer much because of that lol!

rayromano: Any suggestions on how to proceed with the Migration tribunal. I don't want to go through a lawyer as a first option. I am ok if working with the tribunal directly will cause delays in processing; there isn't an urgency in time. I just want to take a path that gives the best chance of reviving my case.


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## CollegeGirl (Nov 10, 2012)

Hahaha, Zawar!  I've been using the name "CollegeGirl" around the internet for quite some time - I'm actually in my thirties now and have long since graduated college and entered the working world full-time... perhaps I am now too old to use that name anymore. Hahahahaha.


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