A visa refusal or cancellation is certainly not the news you’re expecting or hoping for. Understand why visa refusals happen and what you can do best to rectify your situation. For an official appointment, call our office for tailored legal assistance.
A visa refusal happens when the Department of Home Affairs have reviewed a visa application and found that the applicant does not satisfy the eligibility conditions or requirements.
It could be one or more of the following common visa refusal reasons:
Visa refusals can have far-reaching repercussions. Among these are:
If your current visa has expired or if you’re deemed a flight risk. Detention facilities are used to hold individuals while their cases are being resolved or until they are deported. Needless to say, it’s a highly stressful situation that can impact both your physical and mental well-being.
If your visa is refused or cancelled and you have no other legal basis to stay in Australia, you may face forcible removal. It involves being deported back to your home country – a clear disruption to your current life. It may also lead to a bar on re-entry for a certain period. All of these can complicate your future travel plans and immigration prospects.
Depending on the reasons for your visa denial, you might be subject to a (re)application ban. It can last several years, during which time you would be ineligible to apply for any visa to return to Australia. This makes it very important to understand and address the grounds for refusal thoroughly before attempting to apply yet again.
Finally, having a visa rejection on your record can lead to a stain in your immigration history. It’s likely that it may adversely affect future visa applications, not only in Australia but also in other countries. A ‘bad’ record suggests previous non-compliance with immigration laws, which can be difficult to overcome in subsequent applications.
Talk to one of our Visa Experts Now.
The consequences can feel cruel but you have the right to file for an appeal if you have compelling reasons to do so. Here’s how you can get started.
Begin by consulting with a qualified immigration lawyer who specialises in visa denials. They will review the refusal reason(s), assess the strengths of your case, and provide expert guidance accordingly. Seeking legal advice is an important first step to understand your options and formulate a strong appeal strategy.
Your next best course of action is to lodge your appeal with the relevant court or tribunal, usually with the Administrative Appeals Tribunal (AAT). Your visa lawyer will then submit a detailed application that outlines why the refusal was incorrect and presents any new evidence or arguments.
After your appeal is lodged, the court or tribunal will review your case and make a decision. This process may involve hearings or additional submissions that your migration lawyer will advocate on your behalf. The final decision will determine whether your appeal is successful so you can move forward with your immigration plans.
Facing a visa refusal can feel discouraging, but Parish Patience is here to turn the tide in your favour. Our specialised services are designed to give you the best chance of overcoming this hurdle with confidence and clarity.
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Our team carefully examines the reasons behind your visa refusal, identifying both errors or oversights. Our thorough review is the foundation in which you can build a more robust response that addresses all concerns.
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Benefit from individualised legal strategies crafted by our top Australian migration consultants. We provide precise, workable advice that positions well with your unique circumstances.
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We assist in collecting compelling new evidence to support your case. Our expertise ensures all necessary documents are accurately compiled and presented to strengthen your appeal case.
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With Parish Patience by your side, you gain strong representation at tribunals, whether it’s through the AAT or the Ministerial Intervention Unit. Our experienced lawyers advocate passionately and articulate your case with clarity and conviction.
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If an appeal isn’t your best option, we can help find alternative visa options suited to your profile. Our in-depth knowledge of immigration pathways enables us to recommend the best possible alternatives for your situation.
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Receive dedicated support throughout the entire process. From the moment you engage our services until your case is resolved, our hardworking team is all out with you to offer guidance and reassurance.
Talk to one of our Visa Experts Now.
Learn why we are a trusted choice for countless individuals who found themselves at the receiving end of the complex immigration process.
With a legacy of legal excellence spanning 135+ years, Parish Patience has established a reputation of client trust and dependability in all immigration law matters.
Our team comprises some of the best visa lawyers you’ll ever work with. Their proficiency ensures you receive excellent legal guidance tailored to your unique immigration needs.
Our impressive success rates serve as solid proof that our licensed professionals can handle even the most challenging and intricate cases successfully.
It’s our duty to keep you informed and provide honest, trustworthy, and clear communication, so you understand your options and the process ahead.
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You don’t have to deal with it alone. Engage an immigration specialist from Parish Patience to receive proper guidance, sound legal advice, and compassionate assistance from beginning to end. Book a consultation with us and allow us to help you overcome your visa challenges.
Yes, but it depends upon the severity of your case. For example, if your visa is refused or cancelled under section 501 of the Migration Act, it could result in your permanent exclusion from Australia, unless you have a strong compassionate circumstance for the Minister of Immigration to personally intervene and overturn the decision.
For ‘simpler’ refusal reasons, such as lack of funds for a visitor visa, you can reapply once you’re more financially stable. Consider consulting first with a professional so you’re better prepared and have a stronger approval chance.
If you have been previously refused a protection visa, whether it’s a temporary or permanent visa, you can no longer apply for another protection visa. To get proper advice on your next best step, consult with a lawyer specialising in humanitarian visas.
The application charge is $3,374. You are entitled to a discount or reduced fees if this will cause you severe economic hardship.
There is no definite timeframe as to when you can apply again after a visa refusal. But it’s important to first learn why your initial application is denied in the first place. This way, you can avoid similar situations from happening again, and that you can reapply with a stronger chance of visa success.
They may or they may not know about your visa refusal history from other countries. Either way, it’s important to be transparent and/or honest about your immigration history when applying (or reapplying) for a visa.