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The Importance of focusing on strong arguments and benefit to Australia when seeking Ministerial Intervention Request.

The applicant entered Australia as the holder of a Higher Education Section subclass 573 visa. During his time studying in Australia, the applicant applied for six successful extensions to the 573 visa that allowed him to complete three educational courses including; a TAFE Diploma of Business Management, Bachelor of Commerce and a Masters of Business Information Systems. At the completion of the applicant’s Master’s degree, the applicant wanted to extend the 573 once more to complete a Professional Year Program to be eligible to apply for the Temporary Graduate subclass 485 visa.

To successfully apply for an extension of the subclass 573 visa, the applicant required a letter from the educational institution where he would be completing the professional year program. A delay by the university in issuing the Confirmation of Enrolment, saw the review applicant’s student visa lapse resulting in the applicant applying for an extension whilst not holding a substantive visa. The extension request was there refused by the Department of Immigration and Border Protection (DIBP). When the Administrative Appeals Tribunal affirmed the DIBP’s decision due to the applicant inability to satisfy schedule 3 criteria, the applicant approached Immigration Solutions Lawyers to lodge a submission for Ministerial Intervention.

The Minister has the ability to intervene and change the decision on a case, however the Minister is not legally bound to intervene and will only consider intervening when it is in the public interest to do so. Only a small number of all applications for Ministerial Intervention are successful and for the Minister to consider this case, Immigration Solutions would have to provide unique and exceptional circumstances that would negatively affect Australian citizens or permanent residents.

Immigration Solutions Lawyers were able to write a detailed submission outlining the applicant’s extensive volunteer work with the Australian Burmese community. The volunteer work was ongoing and the applicant used his specific qualifications and knowledge that ascertained during his studies in Australia. Furthermore, the applicant, as an international student spent a considerable amount of his own money to pay for his studies in Australia (upwards of AUD $173,000.00 over the course of 8 years), with additional payments for his living expenses. The financial contribution of international finances was also put forward in the applicant’s case before the Minister as the applicant demonstrated a financial contribution to the Australian economy.

Immigration Solutions were able to secure a positive Ministerial Intervention, surpassing expectation by achieving a grant of a subclass 485 visa, allowing the review applicant to complete his professional year and then work legally in Australia.

Click here to read more about Immigration Solutions Lawyers and Anne O’Donoghue.

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