We recently received a positive decision from the Administrative Review Tribunal (the Tribunal) for a client whose Temporary Graduate visa (Subclass 485) had been refused.
Please note, our law firm did not lodge the original graduate visa application.
The case is a good reminder that a refusal from the Department of Home Affairs is not always the end of the road, and that the review process exists for good reason.
To protect our client's privacy, we've left out identifying details. But the shape of the case is one we see often enough that it's worth sharing.
What happened
Our client had applied for a Temporary Graduate (subclass 485) visa, in the Post-Vocational Education Work stream, through another migration agent. This visa requires applicants to have had their skills assessed by the relevant assessing authority for their nominated occupation.
The Department refused the application after finding that evidence of the completed skills assessment hadn't been provided, despite several requests being sent over a number of months. By the time the refusal was issued, the Department considered the requirement simply hadn't been met on the material in front of it.
A refusal like this can feel final, particularly when it turns on paperwork rather than on whether the person is genuinely eligible. Fortunately, refusal of this kind of decision carries a right to apply to the Tribunal for merits review — provided the applicant is in Australia and applies within the strict 28-day time limit.
Taking it to the Tribunal
Our client came to Rocket & Ash Immigration Law to pursue that review. We're pleased to report that the Tribunal has now decided to remit the application to the Department of Home Affairs for reconsideration, having regard to the Tribunal's orders and recommendations. The Tribunal has also refunded part of the client's review application fee.
It's worth being clear about what this decision means, and what it doesn't. A remittal isn't the same as a visa grant — it means a delegate at the Department must now look at the application again, taking the Tribunal's findings into account. That reconsideration is still to come, and we can't guarantee its outcome. But it's a genuinely positive step, and one that gives our client a real opportunity to have their application properly assessed.
What this means if your visa has been refused
A few things from this case are worth keeping in mind if you've received a refusal, particularly for a Temporary Graduate visa or any visa with similar evidentiary requirements:
A refusal is not necessarily the last word. Where review rights exist, they come with tight deadlines — often as little as 28 days from the date you're taken to have received the decision — and that time limit generally cannot be extended. If you want to explore a review, don't wait to get advice.
Requests for evidence from the Department matter, and matter quickly. Whoever is representing you needs to be responsive, and you need confidence that requests are being followed up and evidence is reaching the Department on time.
Getting a second opinion after a refusal can be worthwhile. We regularly assist clients who lodged their original application through another provider and want a fresh set of eyes once things haven't gone to plan.
Get in touch
Every case turns on its own facts, and outcomes at the Tribunal are never guaranteed. If you've received a visa refusal and want to understand your options, including whether you may have a right to seek review, get in touch with Rocket & Ash Immigration Law.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Administrative Review Tribunal Appeal or Graduate Visa Application our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written for Michael Jeremy, Registered Migration Agent MARN: 0208955
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.
