If you get that awful email sent to you by the immigration department that your visa has been refused what are you going to do next?
Let’s check what options do you have after getting a visa refusal in Australia?
Within the last few years, we advise hundreds of clients whose visa was refused and while it is always a complicated process and depends on individual circumstances the steps you take are nearly always the same.
Are you on a bridging visa because your old visa expired? or Are you still on that original visa? The answer to those questions will determine what steps are open to you next.
If you are still on your current visa the first thing to determine is can it be simply lodged again? or perhaps another visa is better suited to you.
May the original application was not done properly and finding those errors you may be able to simply fix them and try again. Or maybe there was never a good chance of getting that particular visa and maybe there are other alternatives that may satisfy your requirements. When you still have your original visa there may be many doors still open to you.
If your previous visa has expired and you’re on a bridging visa while you’re waiting for this decision this is where your options are significantly reduced due to section 48 if your application got refused. Although it is not the end of the world so remain positive. S48 prevent the applicant from applying for repeated visa application that was never going to be granted unless you are applying for a
- Partner Visa
- Protection Visa
- Medical treatment Visa
- 190 Visa
- 491 Visa and
- 494 Visa
You can find more details from https://www.provisa.com.au/blog/s48-bar-lifted-for-190-491-and-494-visa-applications/
if you want to stay in Australia realistic option of apply to the administrative appeals tribunal known as the AAT within 21 days from your visa refusal notice. If you lodge your appeal within the timeframe your bridging visa will continue until that appeal is finalised. It is highly recommended to get in touch with us as soon as you get the visa refusal to avoid the last-minute rush. While you are waiting on your bridging visa you can still continue to study, work or get married if you want.
The AAT is completely independent from the immigration department. The review process is run by an independent tribunal member who will look at all the aspects of the application and give you a fair opportunity to provide all the information you can to give you a better outcome. If you are successful your application will be sent back to the immigration department and you will be given a high chance for your visa application to be granted.
If you do not win at the AAT appeal then you would still have the option to pursue a review to the federal court now this can get complicated and expensive but if you feel your review was not done properly then this will be the next step. You will then be able to stay longer on your bridging visa during your court appeal procedure.
You also have the opportunity to appeal to the Immigration Minister directly however there are very strict guidelines about what the Immigration Minister will accept.
Australia prides itself on fairness and accountability. Just because your visa is refused does not mean you are not allowed to remain in Australia.
Australia will always give you a fair chance to present your side of the story. If you ever find yourself in this position. Always seek expert advice. Feel free to get in touch with us if you have found yourself in this similar situation we have helped numerous clients with their visa refusal and have a great record of winning.