Question of the Week
Can I apply for the same visa while awaiting a decision from AAT?
Category: Tribunal Services
Question asked
- 407 VISA -
I am currently on a bridging visa waiting for a decision from the AAT (Administrative Appeal Tribunal) concerning the application of my 407 visa.
Here is the reason of the refusal received on the 15th of January ; " I find that the required relevant experience of at least 12 months in the last 24 months has not been met, as I can see up to 8 months as a maximum only. " (find the full letter attached)
I went back to work from the beginning of May which gave me the required relevant experience missing from the time I have applied for that nomination (Arborist).
I have applied by myself I was a bit confused by the terms and ANZSCO titles, my friend and I have worked together therefore we have the same experiences, she has her visa granted but she applied for another nomination which is "Nurseryperson 3624".
My questions are :
- while awaiting the decision, can I lodge a new subclass 407 visa application with the correct nomination ("Nurseryperson") ?
- if not, will the AAT take in consideration the new relevant experiences gained during the wait and will give the decision of approving the 407 visa ?
Answer provided by Migration Agent
Dear JD,
Thank you for contacting us regarding your visa matter.
Below is my answers to your questions:
1. while awaiting the decision, can I lodge a new subclass 407 visa application with the correct nomination ("Nurseryperson") ?
407 visa application can be lodged while the applicant is either in or outside of Australia. However, If you are in Australia, Under Training visa Class GF, item 1238(3)(7)(c) requires the application must be lodge with 28 days after the date when the last substantive visa held by the applicant ceased to be in effect.
substantive visa means a visa other than:
(a) a bridging visa; or
(b) a criminal justice visa; or
(c) an enforcement visa.
You may lodge your 407 visa application if your last substantive visa (the visa before your bridging visa) was expired within 28 day, if over 28days, you cannot lodge in Australia unfortunately. However, you can still lodge offshore.
2. will the AAT take in consideration the new relevant experiences gained during the wait and will give the decision of approving the 407 visa ?
Paragraph 2.72B(3)(c) provides that:
This subregulation applies if the minister is satisfied that:
(c) the nominee has the equivalent of at least 12 months of full-time experience in the occupation to which the occupational training relates in the 24 months immediately preceding the time of the nomination.
It is clearly stated that you will require at least 12 months of full time experience in the occupation before you lodged your Nomination application.
As you did not have 12 months experience at the time of your nomination, I doubt if you will win at AAT. They probably will not consider your work experience gained after visa refusal.
------------------------------Request for Clarification---------------------------------
I have found a company willing to sponsor me to get the permanent residency based on my skills and work for his company on a long term. I will probably need a migration agent to avoid future mistake during that process, I am keeping your details Ivan.
Thank you it was some very useful informations.
So basically the outcome of my appeal is guarenteed to be negative.
My solution here is to come back to Australia with a tourist visa (substantive) and then apply for whatever i want,
but then again do you think I will be still able to come back onshore now that the immigration border will be aware of this refusal ?
-----------------------------Clarification from Migration Agent ------------------------------------------------
Dear JD,
Shouldn't be an issue if you leave Australia while on Bridging visa A, this bridging visa ceases as soon as you depart from Australia. Having a visa refused previously will not impact your future offshore applications in your case.
You can still apply for a Tourist visa. Depending on the country of your passport, you may need to demonstrate that you are a genuine temporary entrant and have sufficient funds for Subclass 600 tourist visa.
For ETA 601/651 visa, is much easier to get, you can only apply if you are eVisitor eligible passport holder.
I would love to hear from you again!
Good luck for whatever you decide to do.
Migration Agent
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