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How to Proceed If Your Australian Visa Gets Rejected?

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14Apr
2020

How to Proceed If Your Australian Visa Gets Rejected?

There are several ways by which an applicant can enter the country of Australia. However, for the normal and general population, the common method is application and entry through the visa issued by the ministry of Australia. So, what to do if the Australian Visa has been rejected by the ministry? The article will help you find all the probable solutions.

Also Read: Important Update For All Visa Holders In Australia

Types of Australian Visas

The Australian ministry issues different types of visas with different conditions and rules. However, there are basically three thumb rules which are applicable to all types of visa. In general, any problem with these factors causes the visa to get rejected. The guidelines can be given as;

  • The applicant must provide correct and complete information.
  • The candidates must be able to produce original and permitted documentary proof against their claims.
  • The candidates must satisfy the language, health, and character requirements, wherever applicable.

Usually, the causes of Australian Visa Refusal fall within these general categories. With the help of proficient migration expert, these errors could be avoided and the chances of the refusal of visas get decreased.

So, whom to go to?

One thing must be remembered; although the Ministry of Immigration holds the power to approve, award, or reject visa applications, they are not the sole deciding authority. there are legal and governmental bodies available where the application for further consideration can be done. These types of legal bodies are known as “tribunals” and they will hear or decide upon the feasibility of the ministry’s decision and the “merit” of your case. It is their job to decide whether the ministry as acted upon without malice, employed fair practices and worked according to the law when they rejected your visa application. However, the application to review or appeal against the ministry’s decision must be completed within the stipulated time-frame or the decision will stand as final and irrevocable.

Also Read: Important Steps to Follow When Departing From Australia

After The Decision

Once you know the decision of the ministry, you will need to appeal to the Administrative Appeals Tribunal or AAT. There is now a separate division of AAT to handle all the cases of visa rejection. This division is called the Migration and Refugee Division and the appeals are performed in front of these tribunals. The hearing process is a lot like a court hearing. The tribunal members will ask you a lot of questions, check all the relevant documents, and also take into account the statements from the witnesses. Thereafter, they can give out one of three decisions;

  • Affirm: AAT approves the department’s verdict to cancel or refuse your visa and so the judgment that the department becomes valid again.
  • Set Aside: AAT has the assessment that the verdict should be altered. The AAT may switch (substitute) the decision with a new judgment.
  • Remit: This means that AAT has the opinion that the judgment must be reassessed. The department is ordered to reexamine the application with regard to the instructions provided by the AAT.
  • No Jurisdiction: Meaning that the AAT had no authority to appraise the department’s decision.

What if the Decision is “Affirm”?

If the AAT upholds the decision made by the ministry, then there are two ways you can further go for the reassessment of the visa decision;

1. Solicitation of Federal Court

You can apply to the federal court for their deliberation and judgment. However, the court cannot comment or pass verdicts on the total visa processing. It can only look into and give related judgment on the legal matters of the application. The court can only correct any error in legal technicalities overlooked by the Ministry and AAT.

2. The Intervention of the Minister

This the last resort for someone who has lost his or her case in the federal court. They can apply to the minister and request for his or her intervention on the matter. However, your presence must be conducive to the country and the general public if you expect any results from an application to the minister.

Important News: Noval Corona Virus: Affects Australian Visa Holders And Applicants

3. The Mistakes That Can Occur

It is very inadequate to assemble everything; pay the fees, meet the necessities, and other things and then get the update of the visa being dropped. There are some explicit reasons that may cause the visa application to be returned in the queue again. The general motives are explained in details below;

  • Filling the incorrect visa type
    As stated earlier, there are numerous categories of stability and separate rules and regulations for the precise visas. Some offer complete permanent status and others have an essential waiting period. The visa can be invalid if you do not fulfill the desired conditions. To know the various differences between the visas, or even to just know about them, you can contact the Migration Expert and get the necessary information.
  • Misuse of the previous visa
    The visa officer will be specific about past activities and will check for any inconsistencies. The applied visa is liable to be forbidden if there is any awkward report that exists about you in the system. So, it would be best to sort out the problems if you have any, otherwise, that will be a black mark on the visa application.
  • Less than required bank balance
    According to the rules of the Australian ministry, the applicant must have an even fiscal situation, which can be confirmed by the bank account statement. There is a definite amount of money that must be existent in the account at all times, otherwise, the ministry can discard the visa on the grounds of lacking balance.

Consulting the Experts

Usually, if the applicant provides the correct documents, gives the right information, and pays the correct fees, the submission is usually accepted and visa awarded. However, to ensure that all formalities have been observed, the top consultants can provide the necessary help as a Registered Migration Agent. The officials at the ISA Migrations and Education Consultants can inform you about the existing rules and the documents to support them. So, get in touch with them for the perfect solutions today!

Tags: Australian migration ,Australian Visa ,Registered Migration Agent

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