Practice Point - Always Engineer A Situation Where One Applies For This Visa Onshore
Table Of Contents
Website And PAM Do Not Bind Immigration
Must Be Present In Australia To Apply For A Subclass 485 Visa
Some Recent Practice Decisions & Practice Points
NSW Sponsorship Subclass 190 Visa
Various State & Territory Criteria
Priority Group 5
The End of Subclass 175, 176 and 475
If possible one should always engineer a situation so that the permanent residence skilled visas are applied for on-shore. This is necessary in order to maintain appeal rights.
The limitation on appeals on visa applications lodged offshore is contained in s 347 which reads:
(3A) If the primary decision was covered by s 338(7A), an application for review may only be made by a non-citizen who:
(a)was physically present in the migration zone at the time when the decision was made; and
(b)is physically present in the migration zone when the application for review is made.
This is because s 338(7A), states:
A decision to refuse to grant a non-citizen a permanent visa is an MRT-reviewable decision if:
(a) the non-citizen made the application for the visa at a time when the non-citizen was outside the migration zone; and
(b) the visa is a visa that could be granted while the non-citizen is either in or outside the migration zone.
Managing to be in Australia at time of decision could be very difficult to manage.
In Chopra 1212601  MRTA 3229 (6 December 2013) the MRT dealt with a ‘stale’ skill assessment by the applicant simply getting another one at the time of hearing.