Reasons behind visa refusal
- If the conditions of a previous visa are not met.
- Fail provide enough information to prove the claims you made in your application
- Fail to meet Australia’s health requirements: Medical conditions, which may prevent an individual from receiving a visa, include applicants suffering from HIV, cancer, major heart issues and even mental health illness.
- Fail to meet Australia’s character requirements
- On providing wrong information, or made a false claim in your application (bogus documents or misleading information)
- For student visas, when your preferred course of study is not in line with your previous studies
- Lack of proof of Financial Support: You must prove to the Department of Home Affairs by submitting sufficient documents of the financial stability. These documents can be from the home country or from a known person having visa for Australia.
- For employer sponsored visas, when the business sponsoring you is not viable or there is no genuine need, the pay is not according to market salary rates and many more.
- You have a limited time to respond to a “Natural Justice Letter”.
What to do if my visa is refused?
In case your visa is refused or cancelled, you might have the decision reviewed by a merit review tribunal, the Administrative Appeals Tribunal (AAT)
Not all decisions are reviewable by the AAT. For instance, if under section 501 of the Migration Act 1958, the Minister for Immigration decides personally to refuse or cancel your visa you cannot apply to have a decision studied by the AAT.
Administrative Appeals Tribunal (AAT)
In case your visa is refused or cancelled, you might be able to have the decision reviewed by a merits review tribunal.
- The AAT is an independent organization that reviews government decisions.
Within the AAT, specialist offices review specific type of government decisions.
Departmental decisions are usually reviewed within the AAT’s:
- General Division, which reviews decisions relating to:
- character matters (including section 501 of the Migration Act 1958)
- citizenship matters; or
- Office of the Migration Agents Registration Authority (OMARA) matters.
- Migration and Refugee Division (MRD), which reviews decisions relating to most migration and refugee visa refusals (including refusal of sponsorship or nomination) and visa cancellations.
- Immigration Assessment Authority, an independent office within the AAT’s MRD that reviews fast track reviewable decisions relating to certain Protection visa decisions.
Result after review
The review tribunal will make one of the following decisions:
In this case, the decision of department will stand as the AAT agrees with the department’s decision to cancel or refuse your visa.
In this case, the AAT may replace (substitute) the Department’s decision with a new decision. That means the AAT has the view that the decision should be changed.
The AAT has the view that the Department’s decision must be reconsidered. Regarding the directions made by the AAT, it requires the department to reconsider the application.
It meant that AAT had no power to review the department’s decision.
It is very exceptionally critical to understand and know that after you get a refusal or cancellation letter, it will state a number of days you have to make an appeal for that decision. On the off chance that you don’t do it on time, you will lose the chance of your application being looked into.
Can I remain in Australia whereas my application is being surveyed?
Yes, for that you will get a Bridging Visa which will have the carry the same conditions as your past visa, i.e. work or study rights. You will remain in Australia for as long as it takes for the review application to be handled.
Options if appeal fails at AAT?
You have 2 options further, if the outcome of AAT review is ‘Affirm’, means if appeal fails at AAT, then
Application to Federal Court: This is opted in case you believe there has been a Legal Error in the decision by the department and AAT.
Application to Ministerial Intervention: You can write a request to the minister for his personal intervention to grant you visa. For that you need to have a good reason or case for the minister to intervene in your case.
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