My Visa Application Was Refused. What Should I Do?
There is a myriad of reasons a visa application could be refused. Some reasons may be meeting health or character requirements, having had breaches of previous visa conditions, giving incorrect information in the visa application, and not satisfying the Department’s delegate of discretionary criteria.
Regardless of the reasons of the refusal, you must act quickly if you receive a refusal notice and do not hold another substantive visa, if you still wish to remain in Australia or be able to still migrate to Australia in the future.
There are a few things you may be able to do:
- ‘Appeal’ The Visa Decision
As the visa applicant you may be able to apply for the visa decision to be reviewed by the Administrative Appeals Tribunal (AAT). Your refusal notice will specify the days you have to apply for the review, and you must act promptly if you wish to pursue this option.
Once you apply for the review, you may be granted a Bridging Visa that will be in effect until the AAT makes a decision on your matter. You will usually be invited to attend a hearing to present your case before a Tribunal member, and should prepare submissions and supporting materials to the Tribunal to assist them with the review.
The application fee is currently $1,787 (no GST applicable and subject to revision every year) and half of this amount could be refunded to you if the Tribunal makes a decision in your favour. If you suffer severe financial hardship, you may be entitled to a concessional fee.
- Apply For Another Visa
Once you receive a visa application refusal, your options to apply for a further visa while still in Australia are limited as you would be ‘subject to a section 48 bar’.
This term means that you are barred by law to apply for most visas. Some of the visas that you may apply for are:
- The Partner visa – subject to having compelling and compassionate circumstances (‘meeting Schedule 3 requirements’);
- Protection visas;
- Medical Treatment visa;
- Bridging visas;
- Child visa;
- Retirement visa; and
- Investor Retirement visa.
- Make Plans to Depart
In usual circumstances, you will only have either 28 calendar days or 35 calendar days to leave Australia (depending on when your Bridging Visa was granted) if you do not wish to pursue the options above. If you overstay your visa, you may be subject to detention or removal from Australia.
As you have a visa refusal on your record, you must not forget to declare this in any future visa applications to Australia. Failing to do so may lead to questions regarding your integrity, which goes towards the Department’s assessment of your character.
Contact us
Nevett Ford Lawyers can assist with your future visa applications, as well as all visa refusals and appeals matters at the Administrative Appeals Tribunal (AAT), Federal Court and those requiring Ministerial Intervention.
Please contact one of our experienced Immigration Lawyers & Registered Migration Agents for further information.
Telephone: +61 3 9614 7111
Email: melbourne@nevettford.com.au