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All you need to know about Australian visa refusal and re-application

April 05, 2024 हिंदी में पढ़ें


Table of Contents
  1. What is an Australian Visa Refusal?
  2. General reasons for Australian visa refusal
  3. What to do if an Australian visit visa is refused?
  4. Chances of getting an Australian visa after refusal
  5. How to appeal an Australian visa refusal?
  6. How can a lawyer help?

It can be frustrating to spend lots of time, money, and effort applying for a visa, only to learn it has been refused. It can ruin your plans to visit, study or even start a new life abroad. One needs to be even more careful with the application when the country applied for is Australia as they have adopted a tougher approach to granting visas that includes scrutinizing each and every visa application through the Department of Immigration and Border Protection. The information is thoroughly checked in order to ensure that it is correct for the visa applied for and in case it falls short in any manner, the visa application is rejected.
 

What is an Australian Visa Refusal?

According to the Australian visa and immigration guidelines, a visa application is denied if the applicant is not able to prove his or her eligibility, either because the application does not meet the requirements of the respective visa category, or because there are grounds of ineligibility based on other aspects of the visa application. In other words, a refusal to grant a visa is a formal denial based on the grounds of ineligibility to enter Australia.
 

General reasons for Australian visa refusal

Here are the most common reasons for an Australian visa refusal:

  1. Applied for the wrong visa type

Australia has around 140 visa types with specific conditions and requirements. Submitting an application without choosing the appropriate visa type which is most suited to your circumstances may cause a rejection. This is why it is recommended to consult an expert immigration lawyer before applying for a visa.

  1. Did not meet any conditions of a previous visa

In case you have overstayed in one of the previous temporary visits and it is being reflected in your records that you did not leave the country within the prescribed time, your visa application might be rejected. The Department of Immigration and Border Protection can deny your visa if it's shown in your previous records that you have abused the conditions attached to a previous visa.

  1. Incomplete information

Every supporting document that you submit with your application is scrutinized thoroughly, therefore, one should make sure that the information being submitted is correct in order to minimize the chances of refusal. One should not submit false or altered documents in any case.

  1. Failure to meet Australia's health standards

One of the most common reasons for rejection of an Australian visa is health grounds. An application for a visa to visit Australia may be denied if the Australian immigration authorities are of the view that you are going to be a financial burden on the Australian medical system. If the potential treatment for those aged under 75 exceeds $21,000 then the applicant can have their visa rejected. Medical conditions such as HIV, cancer, major heart issues, and mental illness can also prevent an applicant from receiving a visa.

  1. Failure to meet Australia's character requirements

Australia has a zero-tolerance policy for people with criminal records which is why it only allows the visa to people with & lsquo good character'. The applicants are evaluated through a & lsquo character test' on a case-to-case basis and the Immigration Minister has the authority to revoke the visa if he has evidence that proves any previous criminal record of the applicant.

  1. Insufficient funds for travel or stay

Australia is the fourth most expensive country in the world, therefore, the applicants are required to prove to the Department of Immigration and Border Protection that they have enough funds for their stay in Australia and the amount to be proved depends on the visa and its sub-category.
 

What to do if an Australian visit visa is refused?

There are numerous approaches that one can take when a visa application to visit Australia has been refused. However, before any step is taken you must do the following due diligence:

  • You must understand why the visa application was rejected in the first place by evaluating the refusal letter which states the reasons for refusal.

  • You must gather the information that was lacking in your first application.

  • Make sure that you are eligible for the visa that you have applied for.

  • Take help from an expert immigration lawyer .
     

Chances of getting an Australian visa after refusal

Under the Australian migration laws, there is always an opportunity to re-represent your case in different ways. There have been scenarios when many applicants whose visas once got refused or canceled could get their visa in the same or different sub-categories. However, the possibility of getting the visa would totally depend on case to case basis.
 

How to appeal an Australian visa refusal?

Applicants who are confident that they have been wrongly refused a visa and that they meet the eligibility criteria can have their applications reviewed by one of the following bodies:

  • Merits Review Tribunal (MRT): MRT is the body that reviews most of visa refusals and cases except refusals on character grounds. Moreover, cases of sponsorship, nomination, and cancellation are also looked into by MRT.

  • Refugee Review Tribunal (RRT): RRT reviews the cancellation and refusal of Protection visas. People subjected to this decision can only apply for review by RRT.

  • Administrative Appeals Tribunals (AAT): Cases of visa refusal and cancellation on character grounds are reviewed by AAT.
     

How can a lawyer help?

A lawyer having a significant amount of experience in the field of immigration-related issues can be of great help in the instances of Australian visa refusal. An attorney can ensure that those who have a refusal of a visa are subsequently granted a visa to enter Australia. If you have had an Australian visit visa refusal and wish to make a new application or require advice on your first application, an experienced immigration lawyer can be a useful resort. A lawyer will be able to review your refusal notice and provide you with a legal opinion. If a fresh application is your best option a lawyer can also help you prepare the same in a more effective manner while ensuring low chances of refusal.



These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.

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