Australian visa refused? What should you do?

What should you do if you have a refusal for an Australian Partner Visa or Australian Tourist Visa?

australia-visa-denied

Refusals happen! They happen regularly!

Australian Migration Law is based on Commonwealth legislation. Each visa class and visa subclass is written into the Migration Regulations (Cth) 1994. The criteria they use to decide whether to grant or refuse is written into those Regulations, and this is what they use to decide whether to grant a visa application or not. If the application shows that the applicant (and sponsor, when it’s a partner visa) meets those Regulations, then the visa is granted. If it does not? By Law they must refuse it! 

So you have a refusal, and you think it’s not fair?

Firstly, ask yourself if it’s really not fair! Did you meet Maribel in a bar somewhere last week and tried to get a visa for her based on your relationship? Did you try to make it out that she was richer and more stable than she really was? Did you lie, supply false documents, or do something to pull the wool over their eyes? If this is the case, then it won’t be easy and in fact the decision was probably totally fair.

If you think it was truly unfair, then more than likely you had not presented your case very well. You should definitely contact Down Under Visa and let’s see what we can do. We salvage a lot of shattered dreams after refusals……..when your case is in fact a genuine one, that is! Be honest with us, regardless of whether you did something embarrassing before. I’m sure we’ve heard just about everything by now.

What are your options?

Approaching the Embassy and arguing your case

This is in fact NOT an option. Sending a dozen emails to the Australian Embassy, or calling the Case Officer and saying “Surely you could see……” won’t help. By Law, once they’ve made a decision they cannot overturn it. It’s not within their power. And “giving them a piece of your mind” won’t help much on any future applications.

Applying to the Migration Review Tribunal (MRT) and appealing your case

This option is available to the Australian sponsor when it’s a partner visa, or when an Australian has invited an overseas applicant to visit on a tourist visa. This is an option when you believe an error of Law was made. If you feel the Case Officer has unfairly judged an application where in fact the applicant HAD met the Regulations. The Tribunal has the power to overturn the decision and instruct the Embassy to reverse it.

Thinking about it, you should be able to see two things. Firstly that chances are you can’t work this one out by yourself, and need help from a professional who understands Migration Law. Secondly, (or maybe you can’t necessarily see this) despite how annoyed you may be, the Embassy staff don’t normally make errors of Law. In most cases you simply didn’t prepare and present your case very well and they had limited information to make their decision on.

Be aware that it takes ages to have a case heard at the MRT. We have one being heard on March 2014. They’ve been waiting for 1 1/2 years!

Making another visa application

In most cases, yes, this is the best option. We do this all the time. Most of the time the reason it was refused was because you presented your case badly, and they had no choice. Many a time I read over a refusal decision, and realise that if I were the one making the decision I would have also said no! And in most cases when I ask questions about the relationship I find that it’s totally genuine. But due to a mixture of omissions and wrong inclusions, no one apart from a mind-reader could have realised.

In many situations all is definitely NOT lost. We’ve had great success in salvaging and re-presenting cases. Please let us have a look.

So please contact us. Fill out the Partner Visa Assessment Form HERE, and let us have a look. It costs nothing to get your case assessed. We will only take you on if we feel your case is sound. If not? We will tell you in no uncertain terms. We have enough legitimate business without having to take on hopeless cases.

7 Comments

Filed under Administration of visa applications, Australian Visa Applications, Fiance Visas, Partner Visas - Offshore, Partner Visas - Onshore, Tourist Visas

7 responses to “Australian visa refused? What should you do?

  1. Callan

    Thanks jeff
    I would be interested to know the percentage of genuine couples that are turned down from a prospective marriage visa and do they give specific reasons why or a broad explanation to why it failed.

    • From our experience, Callan? From those who’ve contacted us, definitely most just did a lousy job of presenting their cases. As for the applicants who apply directly, or through dodgy travel agents, no idea. I would suspect it would be much the same. Tourist visas though, I would suspect the Embassy would see some horribly fake stuff come through.

  2. Glyn

    We submitted a tourist visa ourselves and where declined a visa. After having Down Under Visa apply it turns out we only supplied half of what they wanted. Down Under Visa have been a god send to us.

    JC and GH

  3. joy tuscano

    Hi. I loged my visitor visa subclass 600 on March 18 2014 and on 27th I received the application and it was refused. I did provide the necessary requirements like, invitation letter from my relatives(Australian citizen resided in Queensland) their bank statement, passport copy, certificate of citizenship. My Aunt will provide full coverage if I go to Australia. Airfare, insurance, sightseeing, food, and accommodation. It was stated on the invitation letter. Also, I submitted my income tax return, certificate of employment, payslip, and confirmation letter from my work/ company but still my application was refused due to no evidence of funds and/ or ties to home country. Also, my mistake was I did not declare that I have a 5 year old son. My question is, after how long can I re apply? Once I logged again for a visitor visa can I declare that I have a son? Would there be any grounds? Please help. Thank you.

  4. harnek.harry82@gmail.com

    Hi I have faced Spouse Visa Refusal in Jan 2015 due to reasons that in interview i didnot give satisfactory answers to Visa Officers ie I have not enough knowledge about my Course, I applied with my spouse, so I want to settle in Australia and I have no Immigration record. Can u Help me and tell that Can I apply again Independently and with Higher IELTS Score that Can help me to get Visa

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s