When the Department of Immigration refuses your visa, it comes as a shock and is a very stressful time.
Decisions reviewable by the Administrative Appeals Tribunal include:
- If a visa application has been refused;
For example, an applicant is refused a partner visa if they are unable to meet the requirements for a genuine and continuing relationship.
In a matter of an employer sponsored visa, this would mean that insufficient evidence has been provided to support the nomination in proving a genuine position and providing information in meeting the market salary rate/ labour market testing.
- The cancellation of a visa where the visa holder was in Australia. For example, if a person had their visa cancelled due to s501 by not being able to meet the Character Test due to meeting the definition of “Substantial Criminal Record”.
In essence this applies to a visa holder who has been Sentenced to a period of imprisonment of 12 months or more; Sentenced to a number of shorter periods of imprisonment (at the same time or at different times) that add up to 2 years or more; Found not guilty due to mental illness and detained. The conjunction of Criminal Law meeting Migration Law can often have severe impacts on applicant by not understanding that any suspended and non suspended sentences are assessed in total by DOHA when making the assessment as to if a person meets the “Character Test”.
From a criminal law perspective
- 6 months+4 months+3 months= may be a maximum of 6 months immediate imprisonment
- That is if the applicant has been charged with multiple offences, but the court decided to allow the sentence to be served at the same time concurrently.
The Department of Home Affairs view things differently! DOHA sees sentences as a cumulative total, and treats suspended imprisonment the same way as immediate sentence (s501(6) and (7) of Migration Act 1958.
- Refusal to revoke the cancellation of a visa if the person is in Australia;
This may apply to an applicant who has got a substantial criminal record and who hasn’t provided sufficient evidence in their revocation application and in particular aspects such as any mitigating factors, the interest of an Australian citizen, interest of an Australian citizen child and many other factors.
- A determination on the points test for skilled migration visas, business sponsorships and nominations
- PIC4020 Bogus document or information that is false or misleading in relation to their application
If an Australian visa application is refused due bogus documents or information that is false or misleading in a material particular, the main applicant and including any member of the family unity might be prevented from being granted a visa for three years. This is also called a non-grant period.
There it is vital to understand if any waiver may apply, which requires applicant to present reasons that must be either:
- compelling circumstances affecting Australia
- compelling or compassionate reasons affecting an Australian citizen, permanent resident or eligible New Zealand citizen.
There is no exhaustive list as to what reasons may/ may not be accepted- however with our guidance and expertise having presented countless successful clients at the Administrative Appeals Tribunals, we aim for the best outcome for you!
Other Services we assist with:
Notice of Intention to Cancellation
A Notice of Intention to Cancel and Australian visa has been issued by the Department of Home Affairs in large numbers and below are some reasons as to when an individual can receive an intention to cancel:
- Non-compliance with visa condition
- Another person’s non-compliance
- Bogus documents or incorrect information
- Risk to community public health, safety or good order
- Non-genuine students
- Not satisfied as to identity
- Incorrect information outside of a visa application
- Cash paid by applicant for their visa to Australian Employers
- Visa grant based on a fact/circumstance that no longer exists/ did not exist
ASSESSMENT OF APPEAL RIGHTS
We can determine your eligibility to appeal your visa refusal. Contact us today and we will provide information on the steps, fees and process.