Why do visas get refused?
The law governing Australian visa applications is very complex and much of it is not dealt with on the Australian Department of Immigration and Border Protection’s website. Visa applicants are often encouraged to use the online DIBP ‘Visa Wizard’ to choose the correct visa and lodge it online without any professional assistance.
This often results in applicants having their visas refused for failing to meet the correct criteria some of which they never knew about or did not fully understand.
Refusal of ‘Invalid Applications’
If ‘valid application’ criteria are not met, the application will be deemed invalid and returned to the applicant without being processed. This could pose great difficulties for the applicant as significant time could have passed since the application was lodged and the applicant finding themselves and their families in a vulnerable position.
Further, if an application is deemed invalid the applicant will not be able to rely on a bridging visa to remain lawfully in Australia and will not have a right of appeal to the Administrative Appeals Tribunal – Migration Review Decision.
In these circumstances, applicants should seek legal advice as to whether they have a right of appeal to the Federal Courts to have the application deemed valid.
Refusal of Australian Visa Applications for Failure to Meet Prescribed Criteria
A visa application should be prepared to address all applicable time of application and time of decision criteria to remove any discretion that the case officer may have to refuse your visa.
Therefore, all applicants, even those intending to lodge themselves should get advice from a specialist immigration lawyer to ensure that all criteria are met and proper evidence is prepared to support the application.
Refusal Due to Failure to Disclose Matters
Applicants must answer all questions on their application truthfully. They also have an obligation to disclose certain health matters, criminal charges and convictions. Visas have been refused because applicants did not disclose information they thought would stop them getting the visa where non-disclosure was what led to the refusal.
Applicants who have concerns about disclosing prior criminal convictions, health problems, relationship issues, or any other matter should seek advice on the impact they might have on their visa.
Public Interest Criterion 4020 – False , misleading, incorrect information or bogus documents.
Applicants will have their application refused if they fail to disclose information, or provide information that is false, misleading, incorrect or bogus. If refused under 4020, applicants will face a 3 year ban on grants of any further visas unless you can meet the limited waiver provisions.
Section 48 Bar from Lodging Further Applications
If an applicant is refused a visa and moves onto a bridging visa, then a further consequence of the refusal is that the applicant is subject to a s 48 bar which stops them from lodging further visa applications in Australia save for a limited range of visas.
Appeals Against Australian Visa Refusals to the Administrative Appeals Tribunal – Migration Review Division
Time frames for review of refusal decisions are often very short (for example 21 days). It is essential to lodge an appeal to the appropriate Tribunal within the correct time-frame or the right of appeal is lost.
How can Barclay Churchill help you?
Barclay Churchill has the expertise to handle the most complex cases and achieve the best outcomes in circumstances where the applicant would have failed had they applied without our support.
What to do next
To get the right advice, contact us for a consultation with one of our specialist advisors.