My visa has been refused, what can I do next?

The law behind Australian visa applications is much more complex than what the Australian Department of Immigration and Border Protection’s website would have you believe. Visa applicants are encouraged to use the online DIBP ‘Visa Wizard’ to find the right visa for them and then lodge online without any assistance from an immigration lawyer. While this may be sufficient for a simple tourist visa, for other types of visas that require much more evidence (e.g. partner visas), it is extremely difficult to determine what is essential for a successful application just from the website. Often applicants who DIY their visa applications get rejected for not meeting criteria that they never knew about in the first place.

Why can they refuse my visa?

There are a number of reasons visas are refused by the Department of Immigration and Border Protection. To understand the reasons for refusal, one must understand how applications are structured. Schedule 1 and schedule 2 of the Migration Regulations 1994 dictate how applications should be assessed. Schedule 1 sets ‘valid application’ criteria. Schedule 2 sets criteria that must be satisfied for the visa to be granted, which are then broken into ‘time of application’ criteria and ‘time of decision’ criteria.

Schedule 1 refusals and appeals

If the DIBP decides that the ‘valid application’ criteria of your visa are not met, then the application is deemed invalid and will be returned to the applicant without any processing. This can have disastrous consequences for you as a long time may have passed since you lodged your application. You may find yourself in a situation where you (and possibly your family) are in Australia without a valid visa and without any other means of obtaining one. If your application is deemed invalid according to schedule 1, you will have no bridging visa to remain lawfully in Australia and you will have no right of appeal to the Administrative Appeals Tribunal – Migration Review Division.

In the event of such an unfortunate occurrence, you should obtain proper legal advice as soon as possible.  You may have a right of appeal to the Federal Courts to have your application deemed valid.

Schedule 2 refusals and appeals

A common reason for visa refusal is non-disclosure of information or false, misleading or incorrect information. Applicants sometimes do not disclose criminal, health or relationship issues in fear of their application being rejected, but this behaviour just ends up being counterproductive. Should you have issues that you worry will affect your chances of obtaining a visa, do not hesitate to obtain legal advice on the matter. It may not be as detrimental as you think if it is handled properly.

In the event of a visa refusal due to your eligibility under Schedule 2, you may have a right of appeal to the Administrative Appeals Tribunal. Time frames for review of refusal decisions are often very short (for example 21 days) and it is essential to lodge an appeal to the appropriate Tribunal within time frames or your right of appeal is lost. Therefore, get competent immigration lawyers to advise on, prepare and act for you in your appeal.

How can AHL Legal help me?

AHL Legal has specialised immigration lawyers who also hold Migration Agent licenses. They can assist you in preparing visa applications of the highest standard possible, and prepare an appeal to the right Tribunal or Court in the event of a refusal or cancellation.