A notification of refusal of a visa application can be a particularly stressful and anxious time for individuals on the receiving end. Multiple scenarios as to the potential consequences of receiving such a decision will inevitably be asked.
An individual should be made aware that alternative options are available which may still allow a pathway to achieving your goals of permanent residency. Which options may be available to you are dependent on your individual circumstances, however one commonality exists whereby action should be taken as soon as possible after receiving an unfavorable decision. If onshore, you will generally be given 35 days with which to either depart the country or apply for an eligible substantive visa. If you do not depart prior to the deadline or apply for a substantive visa provided you are eligible, an exclusion period may be imposed where you are unable to be granted another visa for the specified time period.
Generally, having a visa application refused means that you will be required to disclose your visa refusal on all future applications, both with the Department of Home Affairs and relevant government agencies in other countries. Whether the grounds of refusal were character related or non-character related is an important factor when determining whether you will be permanently excluded from Australia. In most cases, grounds of refusal are not character related and allow for individuals to file future applications.
In some cases, you may simply be able to rectify the issue by filing a subsequent application due to failure to provide documents which were required at the time you made an application, or you have submitted an incomplete application. However, in other cases, the reason for refusal can be put down to failure to meet eligibility criteria. In the case where an applicant has had a visa refused based on failing to meet key criteria, lodging an alternative substantive visa may be the best option. Individuals may be eligible for other visa subclasses such as a Partner visa or Employer Sponsored Visa, however this is to be determined on a case-by-case basis.
Where a strong argument and relevant evidence can be put forth to provide justification for why the decision for the visa cancellation should be reconsidered, appealing your decision with the Administrative Appeals Tribunal may be a worthwhile avenue to explore. You should check your decision letter to find out what the time limit is to lodge an application for review. The time limit to apply for a review is usually 28 or 21 days after the day the letter was received. If you are offshore at the time your decision is received, there will be no opportunity for merits review with the AAT and you will be required to apply for another substantive visa whilst offshore. If you do not hold an eligible visa, you will not be able to enter the country until your visa is approved.
Should you decide to lodge an alternative application for a visa which you are eligible for, you may need to meet additional criteria for not holding a substantive visa which may require significant preparation, or, your particular visa subclass may require your company to undergo Labor Market Testing for at least 28 days prior to lodgment of your nomination and visa application (if applying for an employer sponsored visa). In any case, taking action immediately and adhering to deadlines is integral to ensure you have the best chances of resolving the issue at hand. If critical dates provided by either the Department of Home Affairs or the AAT are missed, your opportunity to continue your immigration journey in Australia may be lost.
You should seek assistance from a Registered Migration Agent or Immigration Lawyer to assess the reasons for refusal, prospects for appealing a decision or confirm your eligibility for an alternate visa. The earlier you seek to resolve your refusal, the better your chances are of securing a positive outcome depending on your available pathways. Should you require further assistance or information, please do not hesitate to contact ross@crystalmigration.net or (02) 9189 2988.