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The most common reasons for a visitor visa refusal are:
Dealing with refusals can be stressful for many individuals. To effectively handle such situations, it's vital for visa applicants to comprehensively understand the reasons behind their refusal and take appropriate steps to address the underlying issues. Therefore, legal assistance from an immigration lawyer who is well-versed in migration law is recommended when facing refusal.
The specific course of action to tackle a refusal depends on an individual's unique circumstances, the grounds for the refusal, and the type of visa they had applied for. In some cases, refusals can be subject to review by the Administrative Appeals Tribunal (AAT), where a tribunal member reviews the Department's refusal decision and determines whether the refusal was correct. Additionally, there may be a possibility to further appeal an AAT decision to the Federal Circuit Court for judicial review if the AAT has made a legal error. It is crucial to note that there are strict time limits associated with these appeals and thus acting quickly upon receiving refusal notice is essential.
Given the time-consuming nature of visa applications and the wait time for their outcomes, it is imperative that:
Typically, a refusal implies that you are not granted the visa you applied for, meaning a denial of entry into the country if you are outside of Australia. If you fail to appropriately handle a refusal, whether by way of a successful Visitor visa refusal appeal or by submitting a new application for the same or a different visa, it could result in your exclusion from the country and potentially being banned for a certain duration.
If a visa appeal is successful, the Department of Home Affairs will likely grant the applicant's visa. On the other hand, if an appeal at the AAT is unsuccessful, there is a potential avenue for appealing the decision in the Federal Circuit Court, albeit under restricted circumstances and under a specific criteria. In situations where pursuing a Federal Court appeal is not a feasible option, visa applicants must make arrangements to depart Australia if they are within the country or abstain from entering if they are outside Australia.
Australian Migration Lawyers is composed of a professional team who are skilled in immigration law. We are highly experienced in handling all types of visas, even those of intricate complexity. One of our primary aims is to provide services to facilitate access to justice, a commitment we uphold by assisting individuals who entrust us with their visa refusal matter.
Our professional fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about the total costs associated with their appeal. We offer payment plans based on different financial needs to provide flexibility for our clients.
Fees in relation to Tribunal and Court appeals depend on the options available for a visa refusal in your particular circumstances.
Navigating a visa refusal can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you with the next steps.
We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Read our most commonly asked questions about visitor visa refusals:
The term ‘high risk country’ refers to countries that have been deemed as having a high rate of visitors overstaying. Such countries include India, Pakistan and Nepal.
Case officers will assess what activities the applicant intends to partake in and accommodation arrangements while in Australia when determining whether the applicant has sufficient funds.