# Visa Subclass 476 Rejection



## Humanist88 (Sep 5, 2019)

Hello! I just want to inquire about my visa rejection for the subclass 476 and if I can reapply again for the stated reasons. Here is the complete letter as stated:

I wish to advise you that the application for this visa has been refused on 20 August 2019 for the following applicant:
Client Name:
Date of Birth:

The applicant did not satisfy the provisions of the Migration Regulations 1994.
The attached decision record provides detailed information about this decision as it applies to this applicant.

*Review rights*
There is no right of merits review for this decision.
As this letter was sent to you by email, you are taken to have received it at the end of the day it was transmitted.
*Questions about this decision*
We cannot consider your visa application any further.

*The applicant’s claims*
The applicant has applied for the grant of a Skilled - Recognised Graduate (Subclass VF 476) visa on the basis that the applicant has completed an eligible engineering qualification from a recognised institution in the period of 24 months ending immediately before the day on which the application was made.

*Information and evidence considered*
I am a delegated decision maker under section 65 of the Migration Act 1958. In reaching my
decision I have considered the following:
● relevant legislation contained in the Migration Act and the Migration Regulations 1994
(the Regulations)
● information contained in the Department's Procedural Instructions
● all documents and information provided by the applicant(s)
● where relevant, the Australian and New Zealand Standard Classification of Occupation
(ANZSCO) as it is applied to occupation definitions and skill requirements in Australia.
● other relevant documents and information outlined in my decision record.

*Findings*
On the basis of all of the information available to me, including the documents and
information the applicant provided, I find that the criteria for the grant of a Skilled -
Recognised Graduate visa are not met by the applicant.

*Reasons*
I have assessed the application and the reasons for my decision are detailed below.
A valid application for a Skilled - Recognised Graduate visa has been made by the applicant.
Under the migration law, a visa cannot be granted unless the applicant meets the relevant legal requirements that are specified in the Act and the Regulations. Regulation 476.212 is one of the mandatory requirements for the grant of the visa and it states:

*Regulation 476.212*
The applicant has completed a course:
(a) in the period of 24 months ending immediately before the day on which the application is made; and
(b) at an institution specified by the Minister in an instrument in writing for this paragraph;
for the award of a degree or higher qualification in a discipline specified in an instrument in writing for this clause.
The instrument in writing referred to in Regulation 476.212 specifies Engineering as the discipline required for this visa subclass.
On 4 July 2019 you lodged your 476 Skilled - Recognised Graduate visa. In your application form you declared that you completed a Master of Science in Electrical Engineering at the National University of Singapore.
An initial assessment of your visa application was undertaken by a case officer on 14 August 2019. No documents in support of your education have been provided with your application and therefore we are unable to confirm you have completed a course in Engineering as a discipline specified in the instrument in writing for this clause.
As you have not provided evidence that you have completed an eligible engineering
qualification in the period of 24 months ending immediately before the day on which the application was made, I find that you do not meet the requirements of Regulation clause 476.212.
You have been assessed as not meeting the requirements of clause 476.212 of the
Regulations, therefore I have not assessed the application further against the requirements of this subclass.

*Decision*
As clause 476.212 of the Regulations is not met by the applicant, I find the criteria for the grant of a Skilled (Provisional) visa are not met by the applicant.
Therefore, I refuse the application by the applicant for a Skilled (Provisional) visa.

Hence, here are my questions:

1. Can I still re-apply for this visa even tho I was rejected on the basis that I just forgot to upload my evidence of qualifications for more than 28 days?
2. What are the important documents that I need to upload immediately when I apply to this visa? I am afraid that they will just reject me without even notifying me the documents I needed to upload.
3. How soon should I upload these documents? E.g. Health exam, etc.


TIA for those that will reply to me


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## NB (Mar 29, 2017)

Humanist88 said:


> Hello! I just want to inquire about my visa rejection for the subclass 476 and if I can reapply again for the stated reasons. Here is the complete letter as stated:
> 
> I wish to advise you that the application for this visa has been refused on 20 August 2019 for the following applicant:
> Client Name:
> ...


Reading your rejection letter, and your response and reasons , it is better to go through a Mara agent so that you don’t mess up the application again
The agent will advise you as and when you can reapply 

Cheers


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## Humanist88 (Sep 5, 2019)

Thanks a lot. I already talked to someone in the hotline of mara.gov.au (but is not an agent). They told me that if nothing is stated that I cannot reapply, then I may be able to re-apply again. I am just confused on the first part in the *Questions about this decision* that they cannot consider my visa application any further. Does this mean I cannot re-apply or that they would not consider this current visa application further?


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## NB (Mar 29, 2017)

Humanist88 said:


> Thanks a lot. I already talked to someone in the hotline of mara.gov.au (but is not an agent). They told me that if nothing is stated that I cannot reapply, then I may be able to re-apply again. I am just confused on the first part in the *Questions about this decision* that they cannot consider my visa application any further. Does this mean I cannot re-apply or that they would not consider this current visa application further?


This visa application is closed
They will not entertain any request from you for reconsideration 
Apparently You are free to apply afresh, but as I said, meet a good Mara agent and he will confirm if you are eligible to apply or not

Cheers


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## Humanist88 (Sep 5, 2019)

Got it. Thanks a lot!


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## Jaiki (Sep 15, 2019)

Hello mate
I am going through a similar situation could you tell me what did the Mara agent say about your situation and what are the options?


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## Humanist88 (Sep 5, 2019)

Jaiki said:


> Hello mate
> I am going through a similar situation could you tell me what did the Mara agent say about your situation and what are the options?


Hi Mate, apparently they did not clarified anything to me. I just saw that there are no restrictions in the letter (as far as I understood it) so I will just apply again (and make it sure that I have all documents to upload) and see how it goes.


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## spasan4 (1 mo ago)

How did go? the reapplication?


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