If your visa application, or visa extension Australia is refused, you may be able to appeal the judgment to the AAT. Similarly, if you have needed a visa to live in Australia and the visa has been expired, you may be able to appeal that decision to cancel your visa.

These reasons will be concerned in the visa refusal outcome, and we recommend that you read this carefully.

What are the reasons for a visa refusal? 

A visa application may be denied or rejected because of the following reasons:

  • Incomplete Application Form. If you submit an incomplete information, your visa application will most likely be denied.

  • Character Requisite Failure. Failure to meet the Australia visa character provision will result in visa rejection. In case your visa application is denied on character reasons, you may not be given a different visa.

  • Missing Documents. If you are lacking a document that is mandatory for the Australia visa, then your visa application will be denied.

  • False Information. If you are found to have given false information, your visa request could be denied.

  • Failure to Answer Additional Requests. After you lodge a visa application, the Immigration Office may ask you to deliver additional documents or information. If you fail to response, you won’t get a visa.

  • Finance capability. If you can’t provide proof that you can aid your trip in Australia, you won’t be granted a visa.

  • Lack of Health Coverage. In cases where health cover is required for specific visas (student visas), applicants must deliver proof they have obtained the required insurance.

APPEAL TO THE ADMINISTRATIVE APPEALS TRIBUNAL

In most instances, if your visa submission is refused, or if your visa is cancelled, you can appeal the decision and apply to the Administrative Appeals Tribunal for facts review. Decisions which can be revised consist of visa refusals, cancellations, refusals to agree to a bridging visa, judgments to not accept a sponsorship or nomination, to family name a few. 

WHO CAN LODGE THE APPEAL?

In most visa refusal cases; the main applicant has the well to lodge the appeal. However, there are exemptions. For standard, let’s think that you have lodged for a visa which can only be allowed if you are outside Australia – and you are overseas, waiting for the decision. Your application gets refused. In this instance, make sure civil rights are very limited. If you stayed encouraged or nominated for a visa by an Australian citizen or PR, then they be able to ask the choice, but you can’t. IF you require any help for Lodge the application, you can hire experienced Immigration lawyers in Melbourne.

WHAT ARE THE GROUNDS TO APPEAL A DECISION?

When you appeal to the AAT, the appraisal is known as a “merits review”. This is for the reason that the AAT can think all the details and circumstances of the case, as well as new details. This implies you can appeal if the distinctive judgment maker used their responsibility on a specific issue and the result is negative to you. For example, let’s assume you applied for a Australia partner visa and the decision creator seemed at your organization and agreed that you have not been in a de-facto relationship long sufficient. You can appeal and argue that the decision cause should have placed more emphasis on other evidence. You can also collect more evidence and say that the new testimony shows that your position is correct.

WHO DECIDES THE APPEAL?

A representative of the AAT will decide on the appeal. This individual is not employed by the Department of Home Affairs. In other terms, this is an outward, factual review.

How Do I Appeal a Visa Refusal in Australia?

In case your visa application for Australia is denied follow these steps for a refusal appeal:

  • Apply at the Administrative Appeals Tribunal (AAT).
  • Pay the Appeal Fee.

Can I Apply Again After My Visa Is Denied?

You can apply for a new visa subclass if you are denied a visa at first. However, you may be valid for a visa appeal first, and if the reasons for refusal are easily fixable (missing document, Incomplete Application Form, False Information, with the Immigration Office, etc.), then your appeal application will alter the refusal decision. If you still don’t obtain a visa, you can apply for an additional one.

On the other hand, if your visa was denied because you failed the character test for Australia, then you may even be banned from applying again for another visa.

It Is Possible to Apply for An Australia Visa After Refusal ?

Your personal situations will determine which alternative is best for you. In some cases, you may be capable to lawfully immigrate by just choosing a distinct sort of Australian visa – but in many cases, you may require appealing the judgement of the Department of Home Affairs.

Do I need an experienced Immigration Lawyer?

It’s not mandatory but if you are serious about your interest then there are enough of reasons why you should be concerned about keeping an Immigration lawyer to speak for you:

  • Before you appeal you must seek out legal advice about your prospects of success. Though the legitimate advice will cost huge bucks, if the advice is that you have no actual prospects, then you shouldn’t appeal, and you have been yourself in extra application fee.
  • Australian migration law and preparation is difficult.You may consider you have reasonable arguments for an application. But your lawyer may identify other things which make your situation even stronger. If you have good schemes, your chances are improved. Also, your Immigration lawyer can ask you if you need further proof to support your appeal. If that proof is correctly stated to the AAT, yet again, you increase your prospects of success.

Keep in mind that a visa rejection does not mean the end of your migration dreams. Depending on the justification for the visa rejection, there may be other migration alternatives still available. Our team of qualified immigration lawyers and migration lawyers can assist you with your Australian visa and appeal. Book a consultation today with one of our Immigration lawyer specialists to discuss your current situation.

Our Immigration lawyers are able to recommend you on the best migration approach based on your situations if you have received a visa refusal. It is also necessary to act swiftly, as there are stringent deadlines for pleasing a visa refusal.

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