Visa Refusals

Visa Refusals under the Migration Act 1958

If your visa has been refused there are number of possible consequences which you should be aware about.

S 48 Bar from Lodging Further Visa Applications

If you have had a visa refused since last entering Australia and you are on a bridging visa, then you will be affected by s 48 bar from lodging further visa applications in Australia except for a limited number of visas such as Partner 820/801 visas and protections visas.

Schedule 4 Public Interest Criterion 4020 – False, Misleading Information or Bogus Documents

If you provide a bogus document or information that is false or misleading in relation to your application for the visa, or a visa that you held in the period of 12 months before the application was made, then your visa application will be refused under PIC 4020.

What is “One fails, all fail” and PIC 4020? Your visa application can be refused under PIC 4020 if just one of your family unit members, who is the applicant for the same visa, provides a bogus document or information that is false or misleading in relation to the visa application.

If your visa application has been refused under PIC 4020, you will be affected by the 3 year ‘non-grant period’ during which you cannot be granted further visas.

There is a waiver to PIC 4020 if the applicant can show compassionate or compelling circumstances affecting the interests of Australia, an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

Visa Refusal on Character Grounds Under S 501

There are three major consequences of a visa refusal under s 501 or related provisions –

• a prohibition on applying for other visas
• refusal of other visa applications and cancellation of other visas
• periods of exclusion and special return criteria may apply.

If the minister has personally made a decision to refuse your visa on character grounds, you also can not to apply for review to the AAT.

Merits Review – Administrative Appeals Tribunal

“Merits review” means that the AAT considers afresh your claims and any additional information which has been put forward with the application for review.

In the case of a decision to refuse to grant a visa in circumstances where:

• the visa application was made while the applicant was in Australia,

under s 347 of the Migration Act 1958, normally, only the visa applicant can apply to the AAT for merits review of the decision and the visa applicant must be in Australia when the application for review is made.

In the case of a decision to refuse to grant a visa in circumstances where:

• the visa application was made while the applicant was outside Australia and
• the decision can be reviewed at the AAT,
  under s 347 of the Migration Act 1958, the visa applicant cannot apply to the AAT for merits review; only the Australian sponsor, nominator or close relative who has been identified in the visa application may apply to the AAT.

If you lodge an application for review outside the relevant time limit or if you are not a person who is entitled to apply for review, the AAT will not accept your application.

How We Can Help

With our experience in AAT reviews and dedicated approach we will ensure that your AAT refusal matter will be prepared in the best possible way to maximise chances for a positive outcome.

Call us now for a consultation on 0490 306 632 or send email to [email protected].