Case 2

• Case Background

1. The applicant has completed an Australian Bachelors Degree but due to vary reasons the applicant had to return to his original country to apply for a second student visa.

2. There were many rumors about providing IELTS result in the offshore student visa applications and the applicant was troubled by this.

3. The applicant did not wish to take an IELTS test again therefore has handed his application to our migration agent.

• Our Solutions

1. Our experienced Education Consultant and registered migration agent firstly confirmed with the applicant that no IELTS result is needed for his application.

2. The applicant’s second student visa application was submitted when all required documents were obtained.

3. After a waiting period of 2 months, we received the refusal letter from the immigration. The reason of refusal was that the applicant did not meet the English requirement as no IELTS result was provided.

4. Our registered migration agents were shocked by this decision and pointed out the specific regulation for student visa application to the newly appointed case officer which showed that an applicant who has successfully completed a Certificate IV level or higher degree as the holder ofa student visa not more than 2 years before the visa application are considered to have met the English requirement.

5. The case officer’s superior apologized and the decision was overthrown.

6. The student visa application was approved successfully

• Conclusion and Analysis

Case officers are human beings as well; they may make mistakes. It is not rare that a case officer make mistakes in his or her decisions. However, students are likely to accept the decision and give up on pursuing their rights, as they assumed that it was their own mistake. On the other hand, registered migration agents are very familiar with the migration regulations; therefore they can better protect the rights of their clients, and persist in pursuing the reasons of refusal.

Second student visa applications and providing IELTS result

Many overseas students in Australia need to apply their student visa for a second time. In some situations the case officer will request for the applicant’s IELTS result while in some situations it was not required. In general, whether to provide IELTS result for the application is depends on the student’s studies in Australia. Like the above instance, if the student has completed 2 years studies in Certificate IV or higher degree, then IELTS result is not required for the application.

Disclaimer: The above case study is an extract from a genuine case for reference purpose. The background information has been edited to protect the privacy of the client. Our company is not liable for any consequences caused by the use of the above content.

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