Skilled (GSM) Visa Refused / Rejected

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Skilled (GSM) Visa Refused / Rejected

Skilled (GSM) visa application refusals can include the visa subclasses 189, 190, 491. 

Your Possible Options

If you have just received notification that your Skilled (GSM) Visa Application has been refused, it is important that you obtain legal advice as soon as possible. 

The urgency arises because the longer that you leave it, the less options you will have. 

Depending on your individual circumstances, possible options available to you may include:

• Accepting the refusal decision
• Re-lodging a new application
• Applying to appeal the refusal decision at the Administrative Appeals Tribunal (the Tribunal)

Tribunal (AAT) Review

The Tribunal has strict time limitations and if you do not lodge a review application with the Tribunal in time, it will be what’s known as an invalid application and if it’s an invalid application, you will have no review rights at the Tribunal.

One of the benefits of having your matter reviewed at the Tribunal is that the Tribunal is not a part of the Department of Home Affairs who refused your Skilled (GSM) Visa Application.

The Tribunal hearing is what’s known as a Merits Review and a Merits Review is basically a second chance. At a Merits Review, all the information that you have submitted that was included in the original Work Sponsored Visa Application will be considered. Additionally, any evidence that we are able to compile for you up to and including the date of the Tribunal review hearing, will also be considered.

What Visa & Citizenship Lawyers will do for you if you want to appeal to the Tribunal

Visa & Citizenship Lawyers will:

• Assess the refusal and inform you of the strengths and weaknesses of your case;
• Lodge a review application with the Tribunal;
• Inform you what information will help your case and guide you during the waiting time for the Tribunal review with preparing evidence;
• Work with you to draft detailed Statutory Declarations supported by evidence;
• Draft detailed Submissions and lodge with the Tribunal;
• Attend the Tribunal hearing with you and assist you in presenting your case before the Tribunal;
• Draft further detailed Submissions (if necessary), before the Tribunal Member has made their decision.

Example*

Tran is a citizen of Vietnam and was in Australia on a 485 post study work visa. Tran applied for a 189 visa under the occupation of Chef. Tran received a notification of refusal because the Department of Home Affairs found that Tran did not meet the level of work experience that Tran claimed to have in their Expression of Interest and visa application.

Tran engaged Visa & Citizenship Lawyers to assist them with a Tribunal Review. Visa & Citizenship Lawyers worked with Tran and compiled work experience evidence to address the refusal finding. At the Tribunal Review, Tran was successful and was granted a 189 visa. 

* (Names and facts have been changed to protect the identity of clients)