How a simple mistake cost a young woman her visa approval – and how Aspire Australia helped rectify it.
Her story: Ana came to Australia from Brazil as an international student studying English. She was drawn to Australia because of its high living standards and its multicultural society.
As a student, Ana enjoyed meeting new people from all over the world, while improving her English with her new Australian friends. With a passion for working with children, she studied to gain her qualifications in the Child care sector. Her plan once she graduated was to apply for the Temporary Graduate 485 visa.
It was a good plan – but one simple mistake in her application caused everything to unravel – and the Department refused Ana’s visa.
After contacting several migration agents, Ana met Sarah from Aspire Australia. Sarah was the only agent she spoke to who had an immediate understanding of her situation and had a plan of action ready to go, right from that first meeting.
Sarah was confident she could get the decision overturned at the Administrative Appeals Tribunal.
Challenges and Solutions
Ana applied for the 485 visa by herself, believing the process to be relatively straightforward.
In her application form, however, she selected the incorrect stream. Confused between the ‘post-study work’ and ‘graduate work’ streams, by selecting the incorrect stream Ana was not prompted to provide essential evidence that was required at the time of submission.
Without evidence of a skills assessment, occupation and police certificate provided, Ana did not meet the strict regulatory criteria for the stream she wanted to apply for and due to her qualifications could not be considered for the alternative stream. She was stuck in a no-win situation.
It was a domino effect, all based on that initial mistake.
Sarah could see the refusal was a correct – but very technical decision. She saw some light at the end of the tunnel by portraying the whole ‘user experience’ as being confusing for non-native English speaking applicants.
Challenge One: Preparation of Submissions
Ana was given two weeks notice of her Administrative Appeals Tribunal hearing.
This meant Sarah had a big job ahead of her with minimal of time to gather evidence and prepare submissions.
Sarah gave Ana a list of tasks to complete, helping her prioritise what was needed.
Meanwhile, Sarah worked on preparing submissions to include:
- Ana’s intention was always to apply in correct category
- evidence was available and could have been provided
- the Department’s online system and the visa categories themselves (Graduate Work stream vs Post Study work stream) were very confusing
Sarah also provided research indicating similar cases had been approved in the past, setting a precedent for Ana’s case.
Challenge Two: The Administrative Appeals Tribunal Hearing
Ana wanted and needed support for the day of the AAT hearing.
Sarah prepared her for the hearing, giving her advice on what to expect while advocating for her case.
Sarah attended the hearing virtually and was able to make clarifications throughout the hearing, emphasizing the important points and clarifying to assist the Tribunal Member.
A Happy Outcome
With Aspire Australia’s help, Ana received a successful outcome at Administrative Appeals Tribunal and her 485 visa was subsequently approved by the Department of Home Affairs.
More than one year had passed from original lodgement to decision. Time that could never be retrieved.
Ana is now working her dream job in child care.
Along with her partner, she has submitted an Expression Of Interest (with the help of Sarah) – and they are currently waiting for an invitation to apply for Permanent Residence.
They plan to live a long and happy life together in Australia.
Let Us Guide Your Migration Journey
A rejection from the Department does not necessarily mean your dream is over.
We are proud to have helped many clients navigate the Administrative Appeals Tribunal process, you can read more about how we do that here. With 30 years of experience, we are confident in our knowledge and the advice we give.
If we assess your case and find it to be fair and lawful, we will fight to get you an approval.
Everyone’s story is different and each situation demands a unique strategy. To obtain your very own step by step MAP: Migration Action Plan, we invite you to book an appointment with our Migration SuperHero, Sarah Gillis.
We look forward to working with you, to make your dreams come true.