Application for GSMV (136) Rejected: Appeal Decision or not?

[scrudu]

Hi there,

I applied last June for a General Skilled Migrant Visa (subclass 136) as a skilled IT worker. I had over 8 years experience when I applied. I was recently refused on the ground that I was short 27 days work experience out of the preceding 12 months before applying. The letter also stated that the General Skilled Migrant Visa was not subject to Appeal.

I was wondering has anyone else been in the same situation. Is it worth appealing, or do I not stand a chance? Its just quite frustrating as I was very sure I had fulfilled the requirements, but not by DIMIA calculations. It's even more frustrating as I had far exceeded the requirements in all other areas, have a lot more than the 3 years work expereince required and was 10 points over the Points test mark.

Any advice would be appreciated

[JAJ]

Hi there,

I applied last June for a General Skilled Migrant Visa (subclass 136) as a skilled IT worker. I had over 8 years experience when I applied. I was recently refused on the ground that I was short 27 days work experience out of the preceding 12 months before applying. The letter also stated that the General Skilled Migrant Visa was not subject to Appeal.

I was wondering has anyone else been in the same situation. Is it worth appealing, or do I not stand a chance? Its just quite frustrating as I was very sure I had fulfilled the requirements, but not by DIMIA calculations. It's even more frustrating as I had far exceeded the requirements in all other areas, have a lot more than the 3 years work expereince required and was 10 points over the Points test mark.

Any advice would be appreciated

You can't appeal (except through judicial review of a point of law). If you don't meet basic requirements then they don't even look at points, sorry.

You could reapply, but you need to check your ACS assessment to see if it has expired (normally valid for a year), if so you need to reapply for that too. And you would reapply to DIMA from scratch, so if you've lost age points, then it may be harder to get to the pass mark.

[scrudu]

Thanks for the Info Jaj,

Considering it cost a hell of a lot of money, I'm not sure if i will reapply straight away again. I was wondering though if this might apply to me. that way I could apply for a refund and re-apply.

http://www.immi.gov.au/skilled/general- ... ations.htm

You must make sure that you can meet these requirements at the time you lodge your application. This will make your application valid.

If your application does not meet the minimum requirements and it is not valid:

* your papers and any payments made will be returned to you
and
* you will not be considered as having made an application.

[JAJ]

Thanks for the Info Jaj,

Considering it cost a hell of a lot of money, I'm not sure if i will reapply straight away again. I was wondering though if this might apply to me. that way I could apply for a refund and re-apply.

http://www.immi.gov.au/skilled/general- ... ations.htm

You must make sure that you can meet these requirements at the time you lodge your application. This will make your application valid.

If your application does not meet the minimum requirements and it is not valid:

* your papers and any payments made will be returned to you
and
* you will not be considered as having made an application.

Sorry, there is a difference between an invalid application and one that is valid, but refused for not meeting the criteria for visa grant.

If serious about reapplying, get some good professional advice, you can't afford to get it wrong a second time.

[scrudu]

Yeah, you are right. I could have saved myself nearly AU$5,000 if I had paid the extra to get a professional to check it over in the first place.

You live and learn i guess