疑难签证和上诉的成功案例 Visa Compliance Successful Cases
Mr.Charles Successful Working visa 457 Refusal Appeal
Nowadays,457 visa has been abolished by Australia Immigration. This self-employed Frenchman only has himself as an employee. When he was at the court, he told the judge: I don’t know if you will approve my appeal, so there was no additional investment after my visa was refused. It was really difficult for lawyer Rhys to reached out to defend him in court. However, the good news came on the same day, the appeal was successful, the 457 visa has been approved again, and the old policy was also available.
S Chinese Massage Shop
457 Employer Sponsorship Qualification Cancellation Successfully Dismissed
由于驳回的成功，S中医按摩院中所有457签证的持有者，都在后期顺利的获得了186永居签证。如果雇主担保资格被取消， S中医按摩院不仅无法担保任何新员工，所有持有 457签证的老员工都将无法申请186永居移民。
On November 15, 2018, the Employer's Sponsorship Monitoring Team of Australia Immigration Department issued a notice to the S Chinese Medical Massage Shop of an intention to cancel the employer's sponsorship qualification and to prevent them from sponsor more employees. Mrs. Grace Shen, the director of Global found that this S massage shop hired many employees and has operated for more than 10 years, but the tax is very confusing; and salary packages and perks paid depend on the boss’s personal decision. However, as the employees who are sponsored under 457 visa should be treated as the same as the local employees. S massage shop did not even properly handle local employees’ file, salaries and perks. With Grace’s accounting and MBA education background, and her 20-year business background, she has reorganized S massage shop’s internal management, from administration to accounting, and taxation, using Australia Immigration Law ,eventually achieved the best outcomes. The final decision from the court was: no new employees were allowed within 3 months.
The refusal decision has been revoked, all holders in 457 visas in the S Massage shop have successfully obtained 186 permanent residence visas in the later period. If the employer's sponsorship qualification is canceled, the S Massage shop will not be able to sponsor any new employees, and all the old employees with a 457 visa will not be able to apply for 186 permanent residence visas.
Miss Li Successful 3-year bar exemption
Miss Li studied bachelor degree at University of Technology. Due to two units she didn’t pass, her bachelor degree was completed one semester later than planned. But she did not realize her visa cannot cover such a long period of time. Only when her visa expired on 15th of March 2018, she just realized that she has stayed in Australia without a valid visa for two months. On the same day, the director of Global Mrs Grace Shen has applied bridging visa E for her legal exit.
But the problem was that she would receive a three-year bar preventing her from applying any visas to come to Australia. However, she still got one more semester to complete her course, if she was not able to get a valid student visa, her four-year study would just be in vain.
For such a difficult case, Mrs Grace Shen has found out previous successful case and explained these two cases in a deductive way. The most important is to find out what legally permitted exemption clause is. During the consultation, Grace has found the exemption points for this case. We helped Li exempt the three-year bar. She is currently studying Master Degree at University of Sydney and will apply for migration with Global by the end of this year. Everyone will make mistakes but a registered migration and lawyer can change your life.
Mr Mamuti Successful Tourist Visa Refusal Appeal
It is a very sensitive topic to mention about XingJiang. This whole family has been refused to be granted visas for 10 years. Although they are communist party of China, they were still refused by Australia Immigration Department for granting them tourist visas. Global has took over their two relatives’s tourist visas appeal, both of which were successful. It will be much more convenient for them to travel to Australia in the future.
Mr Yang Successful Partner Visa Refusal Appeal
2015年7月申请配偶移民，2016年9月拒签。哥伦布接手这个上诉以后发现，拒签的理由是：共同银行账户是递交签证之前刚开户的， 两个人唯一的共同财产是一家共同经营多年的澳洲公司。移民官认为二人的关系是公司合伙人的关系，而不是夫妻关系。瑞斯律师相信“真的假不了的原则”， 深挖两人日常生活中的点滴，利用他近三十年家庭法的经验，撰写长达几十年的法律陈述。在开庭的时，当场获得法官的认可翻案。
Mr Yang has applied for partner visa in July 2015 but was refused in September 2016. After taking over his case for appeal, Rhys has found out that the reason for refusal was because the joint account was just open before submitted their visa application. The only property they owned was an Australian company that has been operated for many years. The immigration officer believed that their relationship was just company partners but not wife and husband relationship. Rhys believed “true principle”, he dig deep into their daily life and used his nearly 30 year’s family law experience to write a legal statement for them. At the time of trial, Rhys helped them reverse the case.
J & J Sutherland Investment Pty Ltd 工作签证457拒签上诉成功
J & J Sutherland Investment Pty Ltd Successful Working visa 457 Refusal Appeal
此公司的会计在申请457工作的时候被拒签，因为移民局不认为这样的房地产发展公司需要一个全职的会计。通常457被拒签的，也都是因为这个原因genuine need for position。 哥伦布的瑞斯律师接到这个案子以后，从过去上诉庭的案例一直看到高等法院关于此类案子的判决， 最终安排了切实可行的修改方案。亲自指导雇主和签证申请人修改材料，修改工作流程，最后亲自指导上庭的要领，一次拿下这个上诉案例。
This company’s accountant was refused by Immigration Department when applied for 457 visa. Because the immigration officer did not believe that such a real estate company needs a full time accountant. Normally it is the reason that 457 visa was refused. After taking over this case, Global lawyer Rhys did some research in previous appeal cases and finally arranged a practical amendment for this case. He personally guided employers and applicant to modify materials and workflow and grasped the main point in the court. Eventually, he won this appeal case.
Mr Bender Successful Partner Visa Refusal Appeal
This is also a partner visa refusal case. At that time,their agent did not know that the applicant cannot submit spouse visa application without a valid visa,unless the third clause was exempted(Schedule 3). This application should not be refused. At that time,the third clause could be done but people did not know how to exempt the third clause.As for this legal principle,not many people have full understanding and practical experience. Rhys, Global lawyer,has excellent legal writing skills and is excellent as a western migration lawyer.He helped clients reverse the case and catch the chance for them to stay together in their rest of life.
Miss Yang Successful Student Visa Refusal Appeal
2017年3月申请学生签证， 2017年5月由于没有通过体检而被拒签。移民官其实非常的Nice,给了申请人三次机会做体检， 但是她的移民代理都不知道如何应对。瑞斯律师对于各种签证的体检豁免和不符合要求，有着深入的了解， 这个案子就这样迎刃而解了。 杨同学不仅可以完成她最后一个学期的本科学位，而且还可以顺利的申请澳洲永居绿卡。瑞斯律师完全改写了她的人生轨迹，祝贺阳同学的未来在澳洲越来越美好！
In March 2017,Miss Yang applied for her student visa,however,her visa was refused because she did not pass her medical examination. The immigration Officer was actually very nice,giving the applicant three chances to do the medical examination but her previous migration agent did not know how to deal with it. Rhys has an in-depth understanding of the medical exemptions and non-compliance requirements of all kinds of visas. Eventually,this case has been solved and Yang can continue complete her last semester in bachelor degree and also will apply for her permanent residence visa in the future. Rhys changed her life and wish Yang a good luck in the future.
Mr Yuen Successful Partner Visa Refusal Appeal
Hong Kong woman and Australian man fell in love. This Hong Kong woman as an applicant was with a son over 18 years old. When the immigration officer asked them to prove that the 18-year-old son met the conditions as a sub- applicant, their migration agent was at a loss. Although the child was studying, neither the biological parents nor the stepfather could provide proof of paying tuition for him. Finally, the sub-applicant was refused because he did not meet the requirements. Lawyer Rhys not only won the appeal, but also won the case in just a few months. He helped their family reunion and she can legally stayed in Australia. I believe that this Hong Kong boy’s life in Australia will become much more better.
Mr Kwong Successful Student Visa Refusal Appeal
This student visa has been submitted at the end of December 2016 and was refused in February 2017. The reason was that he did not study for a long time and is completely in violation of the student visa regulations. Everyone thinks that if you found an irresponsible migration agent, who applied you wrong school and your course was not actually match even when the statement was not true to prove you are genuine student,you can not pursue his responsibility. But the client read a 45-page legal statement from our lawyer, and the judge finally stated that the declarations and materials that were not true in the entire visa application were from the hands of the previous migration agent.He won the student visa for this Hong Kong client and his girlfriend has successfully became sub-applicant in his visa. This is the boyfriend of the little sister from one of four sisters in a family.
Mrs Ding Successful Partner Visa Refusal Appeal
This kind and hardworking Chinese woman has the privilege of finding her love with an Australian man. However, their languages are different and they communicated with each other through translation tool. They knew each other well,for example,Mrs Ding knew what her husband loves to eat and what kind of movies he likes. Mrs Ding loves to eat spicy,however, her husband who cannot eat spicy still eat with her everyday and he starts to eat spicy now.They don’t have much income but they live a happy life in a simple and calm way. Mrs Ding’s husband said she treated him as a king and this how a wife is like in China. Global NATTI certified interpreter did interpreting for them for free and Rhys helped them won this case and took back their spouse visa.
Mr Kun Successful 3-year bar exemption
当kun同学回到中国近一年以后，2017年他决定重新回到澳洲完成工程学学士学位。因为他的学生签证是被移民局取消的，因此他属于是上了黑名单有风险的申请人（risk factor）, 他自动被罚3年的禁止令（如果学生签证被移民局取消，三年内不得申请任何类别的临时签证）。
When Kun enrolled his bachelor degree with a university,he did not go to uni for more than one year.On 10th of November 2016, his student visa was canceled due to a major violation of student visa regulations.Kun did not choose to appeal but went back to China.
After Kun returned back to China for nearly one year,in 2017,he decided to come back to Australia to complete his bachelor degree in engineering. However, his student visa was canceled so he got three-year bar which cannot let him apply any visas back to Australia.
Global Mrs Grace Shen received a call from his cousin in Perth, after one-hour talk through the phone,Grace decided to take over his case. At the time when Grace submitted his student visa,she wrote a 8-page statement,thinking that we would pass. However,Grace received an email from immigration saying that they cannot accept our statement requesting for a three-year bar waiver unless we answered all the questions they raised and would give us a conclusion.
Global Lawyer Rhys personally wrote to immigration officer to criticize her for neglecting the validity of our legal statement and reminding her that the immigration law requires that immigration officer must consider our exemption request. After immigration officer read our legal statement again,our exemption request has been approved. Kun’s student visa has been approved again. We are happy to see that we saved Kun’s future engineering life in Australia and the effectiveness of the law can actually help a person’s life.
Mr Singh Successfully Student Visa Cancellation Revoke
Due to low attendance rate,Mr Singh’s student visa has automatically canceled by immigration department. The law at that time wouldn’t give any chance for schools to give advice. It was the system that detected the low attendance rate from student and therefore canceled automatically.We must explain to immigration department in limited time explaining why this India student did not violate the student visa regulation.Mrs Grace Shen ,the director of Global,is a registered agent who has spent her whole life helping student appeal for their visas,this is the area she is really good at.Eventually,we helped him revoke his cancellation and his student visa has been approved again. But now,the law is completely different,if you have troubles in this area please feel free to contact us.
Mr Shi Successfully Student Visa Cancellation Revoke
On 4th of March 2014,Mr Shi’s student visa has been granted,however,on 17th of October 2014, there was a notice of intention to cancel Shi’s student visa from immigration centre considered that he violated the 8516 clause of student visa. The reason was they believed Mr Shi changed his course later was not the original one that he applied when he got his student visa. If you violate clause 8516,your student visa will be canceled. At that time we received dozens of such cases. After we received this case,with our rich experience of appeal and revoke,on 25th November,Mr Shi’s student visa cancellation has been revoked. Until now he has successfully completed his favourite industrial design course and has successfully obtained state sponsorship visa in Australia.
Mr Yu Student Visa Cancellation Revoke
Mr Yu has obtained his student visa on 9th July 2014,however, on 23rd of March 2017,Immigration department has issued a notice of intention to cancel his student visa on the ground that he violated clause 8516 in student visa. Since March 2017, Mr Yu did not attend any courses and did not meet basic requirements as an international student but there are still special provisions in the law to exempt him from cancellation.Mrs Grace Shen,Global director,not only found out the relevant regulations but also explain the situation of Mr Yu to the extent that the immigration officer can fully understood. Now, Mr Yu can still continue his study in Canberra and can apply for ACT State sponsorship by the end of this year.
Mrs Koo Successful Student Visa Refusal Appeal
Mrs Koo comes from Malaysia and she is a mother with two children. She is 42 years old when she applied for student visa and has no work experience. Due to the non-compliance with GTE,her student visa was naturally refused. The immigration officer believed that a full time mother and has no work experience which was impossible a genuine student. She was probably coming to work in Australia. Global Lawyer Rhys came out with another way to deal with such a difficult case and used the counter-evidence method to convince judge that she wasn’t coming to work but study. It was such a difficult case that other law firms were unwilling to take over because the applicant’s conditions were too bad.
Miss Lu Successful Student Visa Refusal Appeal
In August 2016, Miss Lu applied for a student visa and was refused on 17th of November , 2016. This student visa was applied under a well-known Education agency. The reason for the refusal was that the immigration officer did not believe she is a genuine student in Australia. She studied high school first. After that,she studied certificate III, Certificate IV, Diploma, Advance Diploma and then Bachelor. There were several courses in the middle that have not been completed, and there were more than 3 months gap among each course. So when she was studying NAATI Level 3 translation, the immigration officer did not believe that she was a genuine student. The “true clause of the GTE ” was a new power granted by the Minister of Immigration at the time. Even when the student visa applicant satisfies all the conditions, the immigration officer can refuse to approve student visa to who he believed is not a genuine student. Mrs. Grace Shen, the director of Global,has successfully won her student visa back at the Appeal.
Miss Xiao Successful Student Visa Refusal Appeal
(The success of this student visa refusal appeal not only helps the client get back the student visa, but more important, there will be no refusal in history, and the appeal of latter employer sponsorship has a even better strategy.) The appeal was very challenging, the legal statement determines the appeal result and the response to the court also needs good skills.) The two-year appeal road, the director of Global, Mrs Grace Shen has won it completely!
When the Australian Immigration centre introduced GTE as one of the reasons for refusal, it gave the immigration officer unlimited rights to refuse all student visas. As long as the immigration officer thinks that you are not a real student, they can refuse your visa. In this case, few times to cancel your COE; not to register enrolment;not complete the course on time;the course can not help the future career, may be the reasons for refusal.
Mr Aung Student Visa Cancellation Revoke
In 2009,this student from Myanmar started studying in Australia,at the last semester of his undergraduate degree, his student visa was canceled in 2017 and asked to leave Australia and not be able to return within three years.
Global lawyer Rhys used the immigration law to empower international students and successfully found a loophole in this visa cancellation and help him get the time to complete his accounting bachelor degree. Now, lawyer Rhys is preparing for his permanent residence in Australia. Under the encouragement from Rhys, he has obtained IELTS score 8.
Mr Roy Student Visa Cancellation Revoke
In 2006, Roy, as an Indian student studied language and chef course in Australia. On 13th of February, 2007, due to the low attendance rate, the Immigration Department intended to cancel his student visa. If violates student visa clause 8202 ,student visa will be automatically canceled.
In May 2007, Mrs Grace Shen, a senior migration agent from Global, applied for a bridge visa E for Roy and requested to revoke his student visa cancellation.
On 11st of October, 2007, we received good news from the Immigration Department to accept the requests.
Roy, who spent his family's savings to study abroad, was lucky enough to successfully complete his chef's certificate and successfully obtained the Australian Permanent Residence under the help of Global.
Mrs Wang Successful Skill Assessment Refusal Appeal
2007年3月5日， 王女士收到TRA的邮件告知她，她所申请的理发师【4931-11】的职业评估并没有通过。 TRA机构指出1. 王女士所提供的材料不够具体；2. 工作经验/培训不足。
哥伦布的移民代理在接到王女士的案子后，认为王女士所提供的材料、学历背景以及工作经验并没有问题。提交申请时，王女士已经在澳洲完成了Certificate III in hairdressing和Diploma of Hairdressing Management的课程并以优异成绩毕业。毕业后，王女士先后为两任雇主工作过，雇主都已出具证明并对王女士的工作能力表示认可。
并决定将此案拿到TRA进行内部审核。 2017年3月26日， 在TRA重新审核了哥伦布所提交的职业评估材料后，职业评估顺利通过。 就此，王女士离拿到澳洲永居身份又进了一步。
On 5th March, 2007, Mrs. Wang received an email from TRA telling her that the skill assessment of the hairdresser [4931-11] she applied did not pass. The TRA stated that firstly the materials provided by Mrs. Wang were not enough;secondly the work experience/training were insufficient.
After taking over the case of Mrs. Wang, Global migration agent believed that there was no problem with the materials, academic background and work experience provided by Mrs. Wang. At the time of submitting her application, Mrs. Wang has completed courses in Certificate III in hairdressing and Diploma of Hairdressing Management in Australia and graduated with honors. After graduating, Mrs. Wang worked for two employers. The employers have issued letters and admitted Mrs. Wang’s excellent ability for work.
Therefore, Grace decided to take over the case to request TRA for internal review. On 26th of March, 2017, after TRA re-examined the skill assessment materials submitted by Global, the skill assessment was successfully passed. In this regard, Mrs. Wang has taken another closer step to get her permanent residence in Australia.
Mr Vivek Student visa cancellation Revoke
2007年9月3日移民局给Vivek同学发出了取消学生签证的通知，该同学找到了我们的哥伦布注册移民代理Grace Shen，希望可以帮助他向移民局仲裁法院提出上诉。因为他所在的校方指出从2007年1月15日到2007年3月23日之间该同学的出勤率只有70.25%, 违反了学生签证中8202(3)(a)条例。
On 3rd of September, 2007, the Immigration Department issued a notice of intention to cancel Vivek’s student visa. This student found our Global registered migration agent Mrs Grace Shen, hoping to help him appeal to court. His school pointed out that the student's attendance rate was only 70.25% from 15th of January, 2007 to 23rd of March, 2007,which violated the Student Visa 8202(3)(a) regulation.
However, Grace got to know that in fact, he contacted the visa officer after receiving the warning letter from the Immigration Department for the first time. He believed that the visa would not be canceled after his statement, but because he misunderstood what immigration officer meant (Immigration Department did not retain his student visa), and due to the wrong address of the mailbox, Vivek did not receive a notice to cancel his visa until February 2008.
Therefore,Grace helped Vivek appeal and on 21st of January, 2009, the MRT decided to revoke his student visa refusal . And Grace also helped him return a $1400 review fee.
Vivek re-obtained his student visa and expressed his gratitude to our registered migration agent Grace.
Mrs Hu Successful Student Visa Refusal Appeal
Miss Hu’s student visa extension has been refused on 19th of August 2010 due to her financial evidence submitted by her previous migration agent. Also,the previous migration agent did not save any materials that he submitted. The international immigration department transferred her previous materials from immigration department and request for an appeal to MRT during the validity period.
On 14th of September, 2010, MRT officially accepted the appeal of Miss Hu’s case. The proof of financial document is a condition that needs to be met when submitting a student visa application, therefore even if Hu submits a new proof of financial document, it will not help. The immigration lawyers of the Department of Immigration reviewed all the trial results of such cases in December. They found a similar case before, and used the previous case as an example to write a 201-page written defense for Miss Hu.
During the appeal,normally, the migration agents and lawyers are generally not allowed to speak. Our migration agent found Miss Hu’s parent’s company and asked them to issued very detailed explanation of the financial situation.
On 19th of Oct 2012, MRT decided to revoke her student visa refusal and also returned her $1400 appeal application fee.
G. Singh同学 学生签证取消驳回
Mr G.Singh Student Visa Cancellation Revoke
2007年5月， Singh同学来到Global寻求签证服务，此时Singh同学的签证已在半年前被取消；由于Singh同学在更换了地址以后并没有通知校方，他没能收到Section 20警告信；
In May 2007, Mr Singh came to Global to seek visa services. At that time, Singh's student visa was canceled six months ago. Since Singh did not inform the school after changing the address, he failed to receive the student visa section 20 warning letter.
Before helping Singh appeal, Global first helped Singh get a bridging visa. Three months later, Singh re-obtained his student visa.
J. Singh同学 学生签证取消驳回
Mr J.Singh Student Visa Cancellation Revoke
2010年3月30日，Carrick Institute 通知 J. Singh 同学他并未达到学校的学术要求。
2010年4月15日， Singh 同学 收到了Section 20信件， 并告知根据section 137J, 其签证将会被取消。
2010年4月14日，我们的移民律师 Mr Rhys Strang向移民局递交了申诉信，并且解释了Singh 同学的特殊情况， 尽管移民局方面坚持要取消Singh 同学的签证，但是签证官最终还是采取了Rhys律师的提议并收回了签证取消的决议。
Singh 同学 后来通过Global拿到了澳洲永居，现在他正经营着自己的生意。
On 30th of March, 2010, the Carrick Institute informed Mr J. Singh that he did not meet the academic requirements.
On 15th of April, 2010, Singh received a letter and informed that his visa will be canceled due to violate section 137J.
On 14th of April, 2010, our migration lawyer, Mr Rhys Strang, submitted an appeal letter to the Immigration Department and explained the special circumstances of Singh. Although the Immigration Department insisted on canceling Singh’s student visa,however, the visa officer finally took the advice from Rhys and decide not to cancel his student visa.
Mr Singh later became permanent resident in Australia through Global, and now he is running his own business.
H Singh同学 学生签证取消驳回，并获得澳洲永居
Mr H Singh
Student Visa Cancellation Revoke and successfully obtained Australia Permanent Residence