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
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The refusal decision has been revoked, all holders in 457 visas in the S Massage shop have successfully obtained 186 permanent residence visas in the later period.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 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.
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 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 Successful Working visa 457 Refusal Appeal
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.
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.
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.
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.
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.
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.
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 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 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.
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.
(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.
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.
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
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.
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.
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.
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.
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.
Mr H Singh Student Visa Cancellation Revoke and successfully obtained Australia Permanent Residence
Mr Singh's student visa was canceled in 2007, but he did not know about it. Singh still stayed in Australia after that, and did not go to school,but worked every day.
On 14th of October, 2008, Global registered migration agent Mrs Grace Shen submitted an appeal letter to the Immigration department to revoke his student visa cancellation. The Immigration Department ultimately believed that Singh did not violate the 8202 clause of the student visa.
Mr Singh has successfully completed his studies since then and applied for permanent residence through Global in 2011.
On 1st of May, 2008, Wang obtained a student visa to study translation and interpreting course in Australia.
On 4th of August, 2010, the school issued a section 20 warning letter to Wang, claiming that his student visa will be canceled within 28 days. Global migration lawyer Mr Rhys Strang took over Wang’s case at the front gate of the Immigration Department. Subsequently, the immigration authorities took our lawyer's suggestion: At the time of Wang’s student visa cancellation notice, Wang's school (APEI) did not follow the legal procedures to allow students to appeal.
At last, the Immigration Department decided not to cancel Wang’s student visa.
After two weeks of SIIT enrollment, Miss Zhu felt that she was not suitable for this course. Zhu and the school negotiated to transfer to different school, but was rejected by SIIT. The school claimed that she could transfer to different school after 6 months.But she lost interest and was absent.
SIIT subsequently issued a Section 20 warning letter to Zhu without any warning; Global subsequently submitted an appeal letter to the Immigration Department to help Zhu re-obtain her student visa. At the same time, he also helped Zhu transfer to another school.
Zhu is very happy now, she is studying the accounting course at the Curtin Sydney campus.
On 16th of November, 2010, Mrs. Huang received a Section 20 warning letter from SIBT, informing him that his grades did not meet the student visa requirements. Huang violated the provisions of 8202 clause in student visa. She did not pass over 50% of the course. In fact, she only passed one of the eight courses she had taken.
Our migration lawyer Rhys, took over the case of Huang.
The Immigration Department finally decided to dismiss the decision to cancel the visa. After two and a half years, Huang graduated from Macquarie University.
In May 2011, miss Tan were driven out of the classroom several times because of disputes with her teacher.
After that, all her courses at AIT were not passed; before she wanted to transfer to other school but school claimed that she had to pay all the tuition fees . Tan refused the school's request; the school then reported Tan to immigration department.
Global took over the case of Tan's student visa within 28 days. After 5 working days, the Immigration Department decided not to cancel her student visa.
On 13th of December, 2012, Wang received a Section 20 warning letter from ANU, claiming that his student visa would be canceled because Wang’s grades did not meet the requirements.
Global migration lawyer Mr. Rhys Strang took over the case of Wang, and submitted an appeal letter to the Immigration Department on 28th of December, 2012.
The immigration authorities claimed to cancel the visa of Wang, but the evidence provided by Rhys clearly showed that Wang was caused by some special factors, which was an uncontrollable factor. On 28th of February,2013, the Immigration Department her student visa cancellation.
Mr Lu was supposed to have graduated from UTS in June 2013, but due to his unsatisfactory academic results, UTS decided to expel him permanently in . If Lu can't win an internal school appeal,his three -year study with UTS will be in vain. At the same time, he must find another university, which is willing to accept his enrollment during semester, so that he can complete his bachelor's degree in engineering. Global migration lawyer Rhys Strang submitted an appeal letter to UTS on time. UTS finally accepted Lu continue study as UTS student in June 2013.
On 16th of December, 2013, Pan received an expulsion letter from the school.
Pan started studying at UTS on 4th of February, 2013. She studied 2 semesters, but her grades did not achieve satisfactory. Pan needs to take 4 courses per semester, but Pan only passed one course for each semester. Therefore, UTS issued an expulsion letter to Pan and issued a warning letter to cancel the visa. When Pan received the expulsion letter, he felt that he had no hope.
On 23rd of January, 2014, our migration lawyer Rhys, sent an appeal letter to UTS, and wrote a detailed and flawless explanation for Pan based on the actual situation of Pan. In the end, UTS accepted the reasons given by Rhys, and Pan were able to continue his course at UTS and fullfill his migration dream in Australia.
On 6th of December, 2011, Yip obtained an Australian student visa to study Bachelor of Environment course in Melbourne.
On 3rd of April, 2013, she received a section 20 warning letter issued by the school because her academic performance was not up to standard (Yip studied 8 courses in 2012 and all failed).
Our migration lawyer Rhys Strang then took over the case. On behalf of Yip, he submitted detailed explanation letter to the immigration department and help Yip make a comprehensive explanation. The Immigration Department finally decided to revoke the cancellation, and Yip was able to continue to study her course at the University of Melbourne.
Mr. Kong is from Malaysia and came to Australia with the tourist visa ETA in January 2016. He came to our office on 25th of February, 2016 and would like to apply for a student visa category 572 in Australia. Our education consultant and migration agent assessed Mr. Kong. situation in all aspects: Mr. Kong was born in 1966. He is 50 years old this year. He graduated from Taiwan with a bachelor degree more than 20 years ago. He then worked as a chef, but there was no relevant work evidence. Such a visa is very difficult. After submitting the application, the Immigration Department sent a GTE review saying that the age is too old, the course enrolled was lower than the previous completed degree and there was no relevant work experience.
According to the requirements of GTE, Ministerial Direction No53, Mr. Kong was required to meet the requirements of a genuine student. It is necessary to explain the reasons for choosing this course and school; the course enrolled has any relative previous education and working background; and any connection with future education or work; and how much salary it is in Malaysia if completed this course in Australia. The Immigration Department also checked the entry card that Mr. Kong had filled in when he entered the country, indicating that he supposed to stay in Australia for just 4 days, but now he wanted to apply for a student visa for up to 12 months. What is the reason?
Global has submitted an explanation letter and related materials for Mr. Kong, and Mr. Kong’s student visa was successfully approved.
Mr Yang Student visa violation Clause 8202 and GTE review
Yang's student visa expired on 15th of March, 2016. In February, she found us to help her renew visa. And then he was studying at Top Education. It seemed to be a simple situation, but actually Yang violated clause 8202 before transferring to Top Education. The student visa holders must enrol in the school and achieve an attendance rate of more than 80%.
Yang told us the course was too difficult, without the consent of the previous school, without the release letter, her personally transferred to another institution cause her COE was canceled by the previous school at that time. In such situation, violation of the student visa clause and COE cancellation have a very serious impact on visa renewal. When Yang transferred to another education institution, he knew that this would lead to more serious consequences. For a student who receive a release letter and then is issued a COE through a new education institution is totally different with COE has been canceled without any release letter to study in another new education institution.
Miss Yang was told to write an explanation letter to the Immigration Department. Global migration agent told her that we should use the most professional and comprehensive legal provisions to explain. Eventually, Yang successfully passed the explanation and the student visa was successfully approved.
Mr Lim, from Malaysia, entered Australia with a tourist visa ETA at the end of 2015. He applied for a student visa category 572 in Australia. He graduated from High School in Malaysia but due to the long time interval, he could not find any proof of the his education. He started worked in Malaysia early, but there was no relevant work evidence. After submitting the application, the Immigration Department asked Lim for GTE review and provided a resume.
Lim enrolled Diploma in accounting. It did not related to his previous academic qualification. And it was not very connected with the previous occupations. How did Lim meet the requirement that listed in the GTE regarding what is the connection between his current education and work in the past?
Before the student visa reformed on July 1, 2016, Malaysia was a Category 1 country ( a country with low immigration risk, students in such a category did not need to provide financial documents or proof of English), but under the guidance of GTE, the immigration officer has the right to ask applicant for additional materials. Under GTE review, Lim was also required to provide relevant work and proof of income. Global migration agent used the legal terms, submitted an explanation letter and related materials to Immigration Department, and his student visa finally approved.
Mrs NG and her husband Mr Tan Student Visa GTE Review and Marriage Authenticity Review
Mrs NG is from Malaysia, who entered Australia with the tourist visa ETA at the beginning of this year. She applied for language courses in Australia. Since she finished high school in Malaysia in 2006, she has been working in the area of social marketing. After submitting the student visa application, we received a GTE review. Mrs NG was required to specify how the language course was related to her previous study and employment.
More difficult is that when Mrs NG submitted her visa, her boyfriend TAN was studying in Australia with a student visa. They married in Australia in February 2016. Mr Tan was transferred to different education institutions several times before and the grade results were not very satisfactory. He did not complete any courses in Australia and wanted to convert into a sub-applicant in Mrs NG’s student visa. Due to the short marriage time and the submission of the sub-applicant application, the Immigration Department asked Mr Tan to provide additional evidence (Evidence of your relationship with your spouse). Obviously, in this case, a paper of the marriage did not play a big role in this situation. What aspects of the authenticity of the marriage relationship need to be proved?
Global migration agent submitted GTE's explanatory and related materials such as relationship descriptions to Immigration Department. Now they are holding valid student visa and can legally stayed in Australia.
Mrs Chen Successful Student Visa Appeal and Ministerial Intervention
Mrs. Chen got a student visa and went to Australia with her husband for study. Her student visa expired on 31st March, 2013. Mrs. Chen completed her undergraduate degree and decided to continue her studies. Therefore, Mrs. Chen contacted her agent on 26th of February, 2013. But due to the limited time for applying new student visa, the previous agent failed to contact school and immigration officer within 28 days after visa has expired. The previous agent was not willing to take risks, and it was irresponsible for asking Mrs. Chen to go to the immigration office to apply for her visa. Mrs. Chen and Mr. Chen went to the Immigration Department on 8th of April, 2013 to explain and submit the visa. On 3rd of May, 2013, Mrs. Chen was told to leave the country within one week.
Our Rhys, a migration agent is also a migration lawyer. He took over the case and believed that there was no fault in the process and decided to appeal. He requested that based on Mrs. Chen's personal circumstances for allowing the immigration chief to intervene into the refusal decision from immigration department.. The Immigration Department arbitration court accepted the evidence provided by Lawyer Rhys regarding Mrs. Chen’s visa and formally rejected the immigration’s refusal decision on 18th of March, 2014. But the new problem was that Mrs. Chen and her husband had no valid visa to apply for a student visa.
On 19th of September, 2014, Rhys applied for immigration minister intervention. On 14th of May, 2015, the Minister of Immigration was successfully intervened this case. Mrs. Chen has therefore obtained a temporary visa legally in Australia so that she could apply for another student visa within the validity period. Eventually, Rhys successfully mastered the defense skills of the entire appeal and ministerial intervention, helping Mrs. Chen obtained a new student visa.