Been refused because of schedule 3?
The Schedule 3 Problem
Schedule 3 sets out out additional criteria that must be satisfied when a visa application is lodged in Australia, and where the applicant is not the holder of a substantive visa at the time of grant (ie. usually the applicant is in Australia and is the holder of a bridging visa or unlawful when the application is made in Australia and is also in Australia when the decision is made).
Faster Schedule 3 Refusals
Immigration Case Officers are now quickly refusing visas based solely on Schedule 3 criteria not being met – they are not necessarily looking at other substantive criteria. So if you have lodged an application while holding a bridging visa, don’t expect that your case will remain un-opened for the usually long period. Its more likely your case will be dealt a quick refusal by case officers.
Harsher Schedule 3 Decisions
Immigration Case Officers are not required to ask you to make submissions as to why Schedule 3 criteria are not met or why Schedule 3 criteria should be waived. They can simply refuse the application without referring back to you. This means you should seek to address Schedule 3 Criteria in detailed submissions as quickly as possible.
Confusing Schedule 3 Terminology
Most people are confused by the wording of Schedule 3. This has caused many to fail to address the Schedule 3 issues correctly, leading to certain refusal. Be clear about whether, on the one hand, your submission is to argue that Schedule 3 criteria are in fact satisfied, or on the other hand, whether you are seeking a waiver of Schedule 3 criteria, or both!
Schedule 3 Help
Call me to discuss how to respond in your case.