Skilled Independent (Subclass 189) Visa Granted Following Prior Refusal and Successful Ministerial Intervention

Visa TypeSubclass 189

CategorySkilled Migration

Case Summary

An applicant whose Subclass 189 visa was refused for providing misleading information in her Expression of Interest, and whose AAT review was affirmed against her, obtained permanent residency following a successful Ministerial Intervention and a fresh application built on a forensic review of her points claims.

Background

The applicant arrived in Australia on a Subclass 500 Student Visa and completed a Master of Business Administration. She subsequently lodged an Expression of Interest and applied for a Subclass 189 Skilled Independent Visa, which was refused for providing misleading and false information in her EOI. The applicant sought review at the AAT; after a decision on the papers was requested, the AAT affirmed the Department's decision. Due to a period of unlawfulness, she was subsequently holding a Bridging Visa E. During this period, she completed a Masters of Nursing and secured employment as an Aged Care Nurse. A Ministerial Intervention Request was then submitted.

Challenges

Subclass 189 refused for misleading and false information in the Expression of Interest
AAT affirmed the refusal on the papers, leaving Ministerial Intervention as the primary remaining pathway
Period of unlawfulness resulting in a Bridging Visa E
Complex immigration history required careful forensic review before relodging a fresh EOI and visa application

How We Helped

We prepared both a Preliminary and Detailed Ministerial Intervention submission, framing the case around the public interest in retaining skilled workers in the aged care sector — which had experienced severe workforce shortages during and following COVID-19. We argued that intervention was warranted given the compelling circumstances and the critical need for the applicant's nursing skills in aged care. All supporting documentation — including employer references and a positive skills assessment — was provided. Following a successful intervention, we conducted a forensic review of the applicant's qualifications, work experience, and prior FOI files to ensure accuracy of points claims before lodging a fresh EOI and Subclass 189 application within the required timeframe.

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Key Success Factors

Ministerial Intervention submission framed around public interest and the critical need for skilled aged care workers
Forensic review of points claims against qualifications, experience and FOI records before relodging
Decision-ready application with all documentation provided upfront at time of lodgement

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Outcome

The Minister exercised his public interest power to substitute the Tribunal's decision with a more favourable outcome. The applicant was subsequently granted a Subclass 189 Skilled Independent permanent residency visa within 6 months of the relodged application.

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