Skilled Independent (Subclass 189) Visa with Previous Refusal and Successful Ministerial Intervention
CASE TYPE
The Applicant came to Australia on a Subclass 500 Student Visa and initially studied a Master of Business Administration, and applied for a Subclass 189 Visa (after lodging an Expression of Interest), which was refused on the basis that the Applicant had provided misleading and false information in their Expression of Interest application. The Applicant then applied to the Administrative Appeals Tribunal (AAT) for a review of the refusal on Subclass 189 Visa. We made a request for decision on papers to the AAT and the AAT affirmed the decision of the Department. Given the Applicant had a period of unlawfulness, she was subsequently holding a Bridging Visa E.
Throughout this process, the Applicant had further completed a Masters in Nursing and had secured employment as an Aged Care Nurse.
We then submitted a Ministerial Intervention Request to the Minister whereby the Minister intervened.
CASE BACKGROUND/DIFFICULITY
Given the Applicants intricate and complex immigration history, and the issues faced in her previous Expression of Interest and refused Subclass 189, we needed to ensure that the points were calculated correctly at the time of expression of interest and visa application.
CASE STRATEGY
By way of forensic review of the clients experience, qualifications and previous freedom of information files, we ensured that the applicants points score was accurate and lodged a Subclass 189 visa within the timeframe required by the Department.
CASE OUTCOME
The Applicant was subsequently granted a Skilled Independent (Subclass 189), permanent residency in Australia, within 6 months of applying. The applicant who initially came to us at the AAT stage, where we achieved a Ministerial Intervention, a successful EOI, is now able to call Australia their forever home!
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