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Subclass 457 Visa Granted After Advising Client Not to Withdraw Application Under Pressure

Visa TypeSubclass 457
CategoryEmployer Sponsored

Case Summary

An applicant's previous migration agent pressured her to withdraw her Subclass 457 visa application after the Department warned it would be refused, which would have forfeited her review rights. We advised her not to withdraw, prepared a detailed submission arguing eligibility, and the visa was granted.

Background

The applicant had lodged a Subclass 457 visa application through her previous migration agent. The Department notified her that the visa would be refused unless the application was withdrawn by the following day. The previous agent pressured her to comply with the withdrawal demand. When she contacted us for a second opinion, we advised her strongly against withdrawing the application — a withdrawal would mean forfeiting her right to seek a merits review at the MRT if the visa were refused on the merits. We formed the view that there were reasonable prospects of success and that a well-crafted submission could turn the outcome around.

Challenges

  • Department issued a near-immediate withdrawal or refusal ultimatum, creating significant time pressure
  • Previous migration agent was pressuring the applicant to withdraw, which would have forfeited all review rights
  • Case officer had already formed a preliminary adverse view on the merits of the application
  • Short timeframe to prepare a comprehensive submission capable of changing the case officer's assessment

How We Helped

We advised the applicant not to withdraw and took over the matter immediately. We prepared a detailed submission demonstrating the applicant's eligibility for the Subclass 457 visa, directly addressing the Department's concerns. Despite telephone conferences with the case officer making clear he had already formed a view, our submission was accepted and the visa was granted.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

  • Timely intervention advising the applicant against withdrawing — preserving both the application and any potential review rights
  • Detailed and targeted submission directly addressing the Department's eligibility concerns
  • Recognising that a formed view is not a final decision and that a compelling written submission could still succeed
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Department accepted our submission and granted the applicant the Subclass 457 visa, avoiding both a refusal and the loss of review rights that withdrawal would have caused.

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