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Compliance with being on a substantive visa at time of lodgment

The Applicant was a client that obtained a successful outcome at the Migration Review Tribunal. The decision to refuse a grant of a subclass 457 visa was remitted to the Department for reconsideration. Essentially, this means that the Department was to assess the Applicant’s visa application a second time, and the Applicant had a second chance.

In considering the Applicant’s issue a second time, the Department found that he was not on a substantive visa at time of lodgment and therefore did not meet the criteria for the grant of a subclass 457 visa.

Accordingly, our firm submitted a Schedule 3 Argument which argued that the Applicant became a person in Australia without a substantive visa due to factors beyond his control. These arguments were bolstered by evidence that the Applicant’s Sponsor viewed him as an essential employee in their company.

Our Schedule 3 Argument was accepted by the Department.  Consequently, the Applicant was granted a subclass 457 visa.

Arguments put forward under the Schedule 3 Criteria must be compelling and compassionate. It is of the utmost imperative that Schedule 3 Arguments have strong grounds, particularly because Applicants usually have only one opportunity to submit the Argument. In other words, if the Argument is unsuccessful then they will be prevented from putting forward further Arguments and will need to withdraw their application or apply offshore.

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