Case Study: Turning a Visa Refusal into Permanent Residency – Manohar’s Success Story

Note: Fictitious names have been used to protect the client's identity.

Manohar arrived in Australia as an international student to study nursing, determined to build a professional career. After completing his nursing qualification, he independently lodged his application for a Temporary Graduate visa (subclass 485). Unfortunately, the application was refused because he failed to provide a complete Australian Federal Police (AFP) clearance certificate within the required timeframe, a mandatory requirement under immigration law.

Following the refusal, Manohar faced significant challenges. Because his visa had been refused while he was in Australia, he became subject to Section 48 of the Migration Act, which prevented him from applying for most other visas while remaining onshore.

When Manohar approached our office, we quickly assessed his case and lodged an appeal with the Administrative Appeals Tribunal (AAT) to maintain his lawful status and keep his options open. At the same time, we explored alternative pathways to secure his future in Australia. We identified that his nursing qualification made him a strong candidate for state nomination. We promptly submitted an Expression of Interest to South Australia, accompanied by a detailed explanation of his unique circumstances and contributions, despite the visa refusal.

Recognising his valuable skills and personal situation, South Australia issued an invitation for nomination under the Skilled Nominated (subclass 190) visa program. However, because of the Section 48 bar, Manohar could not lodge his visa application from within Australia. Following our advice, he lawfully departed Australia.  Once offshore, we managed the timing precisely, lodging the 190 visa application almost immediately after his departure. This meant that Manohar did not have to remain outside Australia for long.

Today, Manohar holds Australian Citizenship and is building his nursing career, turning what initially seemed like a devastating setback into a permanent and promising future.

Manohar’s story is a testament to the fact that even after a visa refusal, with expert advice, prompt action, and a carefully crafted strategy, positive outcomes are very much possible. His case highlights the importance of professional guidance, especially when managing complex legal barriers like Section 48 and time-critical factors that could impact eligibility.