An aged care worker in Perth has recently received media attention due to an unexpected visa refusal. According to the media, after almost a decade of living in Australia, Liz Armijo’s application for a general skilled migration visa was refused due to a mistake she made in her visa application. The mistake that led to this decision was a single word: in her application, she had described her Master of Health Science degree as a “research” degree rather than a “coursework” degree.
There is a significant difference between doing a Masters by Research and a Masters by Coursework, and the Skilled Migration points test allocates points accordingly, with additional points being awarded to those who have completed a Masters by Research degree. As a result of the misinterpretation, it was claimed that Ms Armijo was entitled to 95 points, whereas taking into account the nature of her Masters degree, she was only entitled to 85 points.
This is an easy mistake to make for anyone not well-versed in immigration law, and an error that one might think inconsequential at first. However, the legislation requires that an applicant’s assessed score cannot be less than the score they have claimed in their expression of interest, which resulted in the invitation to apply for a visa. In other words, if an applicant says they have 95 points, they need to have 95 points or more to meet the requirements for the grant of the visa. A score of 85 points will result in visa refusal even though that is over the minimum points score required, which is 65. Unfortunately for Ms Armijo, this is what happened to her, and once her application was assessed, it was refused because she was not actually entitled to the 95 points that had been claimed.
This story highlights how reliable immigration advice from a qualified professional with experience in immigration law, and experience in dealing with the type of visa you’re looking to apply for, could make a difference to your application. In this situation, a migration practitioner such as an immigration lawyer or a registered migration agent with an understanding of skilled visas could have answered questions about how to describe a qualification, or could have helped to prepare and lodge a visa application after having checked that all relevant requirements were met. Of course, having representation does not and cannot guarantee a successful outcome, but considering the importance and the expense of something like applying for a permanent visa, engaging a professional is an investment in the future. This is particularly important for visa applicants, as a refusal can have far-reaching consequences including having to leave Australia before applying for another visa.
Visa applications are governed by complex and ever-changing legislation, which operate in the context of case law and are supplemented by Departmental policy. No matter how easy websites or social media may make it seem, understanding the law as it stands when making an application is a crucial to ensure that a valid application is lodged and all requirements for the grant of a visa are met. We often have clients who book in for an initial consultation so that they can make sure they’ve addressed all legal requirements for the visa they’re considering applying for, before lodging the application themselves. Sometimes they discover that the legal requirements are more complex than they believed or they discover that they hadn’t fully understood them, and then engage us to represent them. Either way, they have the security of knowing that they’ve consulted with a professional to answer any queries or address any concerns before lodging an application, and the reassurance that they have given themselves the best chance of success.
Ms Armijo has, understandably, had enough of the migration system, but we really hope this experience doesn’t dissuade her from pursuing a permanent visa. If you need advice to determine your visa eligibility or to ensure that your application is as accurate as possible, please contact us and we would be happy to advise you.
*All information is general information only, as at the date of publication, and should not be interpreted as legal advice. For an accurate and current assessment of your circumstances and visa options, please contact us to receive this advice.
