Of the tens of thousands of people who apply to migrate to Australia every year, there is only a small to medium percentage who are successful. 

In spite of that we'd like to think that the system is fair and designed to offer the best balance to allow appropriate applicants speedy approval while rejecting those who are attempting to enter Australia for the wrong reasons or through the wrong channels.

There are not a great deal of disadvantages of appealing a rejection and asking for an Review Tribunal to absolutely confirm a decision on an application.

Also, contrary to popular opinion all hope is not lost once the PIC4020 has been applied to an application as proved by Mahendra Choudhary. His 885 visa application was refused when he was mistakenly accused of providing a bogus document by his case officer. What came next, wasn't an easy path for Mahendra who not only had to appeal the very hard PIC 4020 clause but he was also made to use an interpreter whose interpreting created more mis-communication than anything else.

Even though he had provided all his documents in good faith and was positive that he had done nothing to mislead the Immigration Department Mahendra says "I was anxious and nervous because a lot of times I was getting a negative response from the MRT. In addition my hearing was not good because of the interpreter, I was worried all the time"

Mahendra moved to Australia after completing his high school in India to study for a Diploma in Hotel Management, having finishing that, worked at a restaurant to gain experience in the industry and subsequently applied for his PR based on the experience of working at the restaurant.

One of the crucial documents in Mahendra's application was his work experience certificate from the restaurant he completed his work experience at. Unfortunately for him the name of the restaurant on his work experience certificate was misspelt and hence the department decided that it must be a bogus document and refused his application on the basis of that.

After having spent seven and a half years of his life in Australia Mahendra says "Living and studying in Australia for so long, it is more a home than anywhere else and when I go to India it takes some time to adopt to the Indian lifestyle" According to him he felt his dream of permanent residency slipping away when his was advised by the Department of Immigration that his work experience certificate was bogus or misleading.

Having to attend a hearing is nerve-racking in itself but Mahendra was asked to use the services of an interpreter again and again till he acquiesced. He says he was put under unnecessary pressure by the tribunal "I advised the tribunal member that I do not need an interpreter but he kept saying he couldn't understand me but I have the same accent that the interpreter had. I have many Australian friends who understand me perfectly still the tribunal member forced me to use an interpreter"

In the end Mahendra says "I was happy to have a Registered Migration Agent representing me because he know how to handle this critical case. They are full of ideas because of their experience and can suggest how exactly to deal with the officer and their questions"

It took a lot of effort to convince the MRT of Mahendra's point but in the end persistence pays and his appeal was successful.

Mahendra has subsequently received a refund cheque from the MRT and has gone on to receive his Permanent Residency. Today he is looking forward to a bright future in Australia having pursued a degree in Mechanical Engineering as well.

He says his success should convince others in the same situation that "You should not worry if you have done everything right. A visa refusal is not the end of the road."