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12Sep

CONSEQUENCES OF A VISA REFUSAL

By Migration Agent Sydney | 12 Sep 2016

As Registered Migration Agents, we have a professional obligation to let our clients know what can go wrong if their Australian visas are refused.

It is due to the consequences of a visa refusal, that it is important to ensure your application is handled correctly from the beginning.

Many people attempt to apply for their Australian visa without professional assistance. I liken this approach to ‘crossing the road with your eyes closed’. You would never cross the road with your eyes closed, so why would you spend thousands of dollars and waste months (sometimes even years), only to find yourself having to deal with a visa refusal and to appeal the visa decision.

In many instances, if your Australian visa is refused, you may be able to appeal the visa decision. Aside from the obvious additional cost (and stress) associated with a visa appeal, the review process can take anywhere between three months and two years before you are allocated a hearing date.

The time taken by the Administrative Appeals Tribunal to make a decision on your case will depend on many factors, including:

  • The type of Australian visa that has been refused, and
  • When your case is given to a Tribunal Member to conduct the review.

The following table provides guidance on how long your visa appeal may take based on actual processing times by the Administrative Appeals Tribunal for a recent six month period. The table shows average and median processing times from lodgement to decision by case category for that time period, as well as the number of days within which 75% of lodgements were decided.

The table below is current at the time of publication, 12 September 2016:

 

Calendar days from lodgement to decision

Case category

Decisions

Average

Median

75th percentile

Bridging

275

17

9

11

Visitor

698

119

113

148

Student refusal

1127

241

221

317

Temporary work

534

257

228

378

Permanent business

269

304

260

399

Skill linked

254

225

170

241

Partner

1939

342

376

432

Family

452

379

387

449

Student cancellation

255

233

232

297

Nomination/Sponsor approval

398

303

289

406

Protection

1615

405

413

520

Other

31

95

91

119

Source: http://www.aat.gov.au/migration-and-refugee-division/steps-in-a-review/how-long-will-the-process-take

If your visa is refused whilst you are in Australia, you will automatically be subject to Section 48 of the Migration Act. This means you are ‘barred’ from making a further substantive visa application whilst you are in Australia. There are limited visa options available to you if you are barred under section 48, and in most cases your options are limited to either appealing your visa decision or leaving Australia and starting all over.

The best way to mitigate the risk of a visa refusal is to ensure that a highly experienced migration agent is able to competently handle your case. You are welcome contact us for immigration information on how we may be able to help obtain your Australian visa.  

© Copyright 2019 CNA Immigration Pty Ltd 

Migration Agent Registration Number 0851787

        

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