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.

  1. May 13, 2017

    Hi
    My name is baljinder. I have applied 457 visa from India but I have come back to Australia as my traveling visa expired. Now I am in Australia and department asked me to send all required documents and information. But my lawyer they asking me 3000 to pay to work on schedule 3 process . But I can’t pay as I don’t have money. So its my request to you could you please help me to suggest any link or website so i can prepare my case(schedule 3) by myself. Its been 4 years I am in Australia and I have more around 3 years experience and now i have Bridging visaA.
    Thanks

    • May 14, 2017

      These schedule 3 submissions are essential. You could meet all the normal criteria for the grant, but if you are unable to show compelling reasons within the meaning of schedule 3, then your application must be refused. I can go through what might be the strongest arguments for you. No two people will have the exactly same arguments and submissions – these need to be credible and tailored. I expect you will be rejected by the DIBP and will need to make an application to the AAT for a review of your visa refusal decision unless you have credible reasons on the one hand AND you are able to articulate and persuade the decision maker on the other hand.
      Please call me if you need my help. A standard consult fee of $370 applies.

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The information on this site is not legal advice. You should consult a lawyer or registered Australian Migration Agent for advice on your own situation. Liability limited by a scheme approved under Professional Standards Legislation. Legal practitioners employed by Nandan Vaityte Pty Ltd are members of the scheme. Unless otherwise specified, all advice is provided in accordance with section 276 of the Migration Act 1958 (Cth) by MyVisa Australia Pty Ltd Trading As MyVisa® ABN 65 092 524 359. RMA 1466495 0104983 1790996 © Copyright 2017 Nandan Vaityte Pty Ltd ABN 54 607 960 547 | All Rights Reserved | Privacy Policy | Disclaimer | Sitemap