What to do if your visa is Refused?
If your visa is refused, it is important to get visa advice ASAP. We highly recommend you call our office and book in with one of our Migration Agents in Perth ASAP!The Time Limit CANNOT be extended
Most visa application which are made within Australia and are refused are able to be appealed. When you are notified that your visa application is refused by the Department of Immigration and Border Protection, you will be advised of your Review rights.
It isn’t important to note that are strict time limits for making an appeal. Time limits depend on the type of decision and whether you are in immigration detention. The time limit cannot be extended.
We cannot reaffirm how important it is to seek advice before applying for a review. Depending on the type of application refused, current waiting times sit at nearly 1.5 years. It may be easier and cheaper to simply re-lodge the application with additional evidence to address the reason for ‘refusal. With that said, this sometimes isn’t possible, as an ‘Onshore’ refusal for example may lead to a Section 48 Bar – stopping a person making another onshore application and requiring them to leave the country to lodge a subsequent visa application. Please call us today on 6364 3782What to do if your Visa is Cancelled?
The Department of Immigration and Border protection can cancel your visa should you fail the “Character Test”. You will not pass the character test if you meet any of the following:What happens if my visa is cancelled?
- have a substantial criminal record
- have a connection or association with an individual or group that is suspected of being involved in criminal conduct
- You’re not of good character with respect to your past and present criminal history
- You are assessed as having a substantial risk of engaging in future, unacceptable conduct or criminal behaviour.
If your visa is cancelled you cannot remain in Australia unless you get another type of visa and you may not be able to apply for any other visa except a protection (refugee) visa or a bridging visa. If sentenced to a term in prison, once you have finished your sentence, you will be removed from Australia and returned to the country of which you are a citizen. After you have been removed from Australia you may never be able to return. As such, you do have the ability to Apply to the Administrative Appeals Tribunal to review the decision. Similar to refusals, you have extremely short time limit to appeal the decision. You have nine days to make the application from the date you have been deemed to receive the application (if the decision was posted, you have 7 days from the date listed on the letter.