About Visa Refusal Australia

If your visa application has been refused by the Department of Home Affairs (DHA), you will get a notice to respond within a limited period of time. In that case, getting professional assistance can make sure that you come or stay in Australia in the shortest time possible.

Visa Refusal Appeal

The role of the Administrative Appeals Tribunal (AAT) is to review decisions made by the Department of Home Affairs. The AAT has the power to affirm, vary or set aside the DHA’s decision, or send the matter back to the DHA for further consideration. In that case, we can apply to the AAT for a review of the refusal.

Visa refusal AAT review criteria Australia

You can apply for the review if you are

  • in Australia and applied for a visa and this application was refused
  • in Australia and your visa was cancelled by the DHA
  • in Australia and your visa was cancelled and your application to have the cancellation revoked was refused by the DHA
  • an employer who applied for Standard Business Sponsorship and this application was refused
  • sponsored or nominated by an employer or another person for a visa, and you lodged this visa application outside of Australia. Your sponsor or nominator may apply to the AAT for review of the decision to refuse your visa application.

Visa refusal on character grounds Australia

A visa can be refused or cancelled on character grounds. This happens when a visa applicant or a visa holder fails the character test for one of the reasons in section 501(6) of the Act. Visa is cancelled automatically if a visa holder is sentenced to a term of imprisonment of 12 months or more, or on a total of 12 months or more, and is currently imprisoned. We can assist you during the entire process with one of our registered immigration agents or lawyers to maximise your chances of success.

Visa refusal on medical grounds Australia

The three main protection factors are considered when granting a visa by the Department of Home Affairs;

  1. Australian community from threats to public health and safety.
  2. Australian health care system from significant costs.
  3. Australian health care or community services that are in short supply.

Diseases below may be a reason for the failure of the application to meet the health requirement.

  • HIV infection
  • intellectual disability
  • cancer
  • functional impairment
  • kidney disease or failure

Frequently Asked Questions for Visa Refusal in Australia

Can I appeal a visa refusal in Australia?

It depends on the visa refusal and on the circumstances. In most cases, you can appeal by applying for review to the Administrative Appeals Tribunal (AAT) which reviews decisions that are made by the Department of Home Affairs (DHA). The AAT can affirm (when the department agrees with the DHA’s decision), set aside (replace the DHA’s decision) the DHA’s decision. Also, the AAT can remit the decision back to the DHA for further consideration with specific directions.

Do I get a refund if my visa is refused Australia?

The answer is, generally no. It is not impossible but you may get a refund in very limited and specific circumstances.

What happens if partner visa is rejected?

In Australia, you can apply for a review application at the Administrative Appeals Tribunal if your partner visa is rejected. Just because you can apply does not necessarily mean the Administrative Appeals Tribunal will set aside or remit the decision. You should use a lawyer who has significant experience with visa refusals and partner visas. You can appeal to the Migration Review Division of the AAT after the refusal notification, within 70 days from the date of the refusal letter.

Why a visa is refused?

There can be numerous reasons that may cause your visa refusal and it very much depends on the visa that you applied for. Some examples include that you:

  • were not on a substantial visa at the time of applying for the visa
  • had a visa refusal before or you did not meet the conditions of your previous visa
  • have a lack of financial support proof
  • supply false and misleading documents
  • did not meet time of application requirements
  • fail to meet health or character requirements
  • are from a high-risk country and you have applied for a wrong Australian visa.
  • have insufficient proof of English language proficiency scores such as IELTS, TOEFL, PTE and CAE.

What to do after visa refusal?

That means you received the refusal letter from The Department of Home Affairs which will usually set out the reasons along with the law that it relied upon refusing the visa for the refusal along with a decision record. Read the letter carefully along with the decision record and the law that the decision relies upon. You can also submit a Freedom of Information (FOI) request to request a copy of your refusal document along with all your documents provided to the Department if there is information missing or if you have misplaced it.., You should immediately contact an experienced migration agent or immigration lawyer to immediately obtain advice on your options and chances on having the visa refusal successfully reviewed. You should take all the documents and application form you relied upon in lodging your application. If you are confident that you can successfully review the visa refusal yourself ensure you consider and understand the difference between the time of application requirements and time of decision requirements. That’s because if it is a time of application requirement then that means you may not be able to fix the reason why it was refused since it was required a the time of applying for the visa application.  If it was a time of decision requirement then you may be able to fix the problem. Again it really depends on the visa that you applied for, your immigration history, your personal circumstances and a range of other factors.

My Visa is refused; how can Best Immigration Lawyers help me?

The team at Best Immigration Lawyers consist of senior immigration lawyers and migration agents. We have significant experience with visa refusals and can definitely give you advice from the outset on your chances on having a positive outcome with the Administrative Appeals Tribunal. If our advice is that you do have reasonable chances then we will have the time to advise you on what documents are required along with preparing your visa refusal from the start. If unfortunately, you do not have reasonable chances then at least you know your options immediately instead of waiting years and spending thousands only to find out that you did not have a reasonable chance to begin with.

  Withstand Lawyers specialises in Visa Refusal Appeals, so please contact our senior immigration lawyers and agents for personalised assistance. Call us on 1800 952 901 to obtain your visa faster.

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