It is quite depressing to be informed that one’s application for an Australian visa to study there or to migrate there has been denied or that the visa has been cancelled.
You have no need to be panic even if you have received a notice from the Department of Home Affairs stating that they are considering rejecting your application for a visa. The majority of problems have potential answers or workarounds.
Reasons for Australian Visa Refusal
Although the following is not necessarily a complete list of reasons for visa refusal, here are some of them that might apply to your situation:
- An application for the incorrect kind of visa was submitted.
- Inability to demonstrate sufficient financial capability
- The submission of information that is either incomplete or false.
- The applicant’s sponsor did not succeed in fulfilling the conditions.
- A lack of familiarity with the programme that is being sought out
- There is no connection between the experience gained so far and the content covered in the applied course.
- Failure in establishing specific future plans
- A Calculation Error Regarding Points
- Bogus/ fake Documents or certificates
In the majority of instances, you could be in a position to ask the Administrative Appeal Tribunal-AAT to consider the application you submitted.
What is Administrative Appeals Tribunal (AAT)?
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, state and territory government and non-government bodies. It can review decisions made under more than 400 acts and legislative instruments.
The most common types of decisions reviewed relate to migration and protection (refugee) visas, family assistance and social security, child support, Commonwealth workers’ compensation, Australian citizenship, the National Disability Insurance Scheme, taxation and veterans’ entitlements.
What does AAT do?
The AAT will analyse the whole of your case file, including the facts that were supplied as well as the laws that relate to the judgement, and then come to a fresh conclusion. Your application is given a whole new evaluation by the AAT, which includes a thorough examination of the papers, evidences, and forms as well as all of the information that you have submitted to the department.
When will the appeal be processed and what time frame will be used?
Again, the length of time required to complete a case might vary based on the categorization of the case. On the other hand, the durations are often rather lengthy, lasting anywhere from 12 to 18 months on average.
You are only permitted to make a request for an evaluation on a priority basis in exceptional circumstances.
Which possible outcomes are there?
These are the various scenarios that might occur:
Affirm: Means that the AAT agrees with the decision made by the government to reject or cancel your visa. The decision that was taken by the division will not be reversed. As a result, the rejection is confirmed.
Vary: This indicates that the Administrative Appeals Tribunal disagrees with the department’s decision to deny or cancel your visa and has resent your application along with updated instructions and a fresh recommendation.
After that, your application will be transmitted to the Department of Immigration so that they may conduct additional evaluation.
If my request for review at the AAT was denied, do I have any other options?
If the result of the AAT review is “Affirm,” then you have two more alternatives, which are as follows:
Application to Federal Court: This is something that may be done in very certain circumstances if there was a legal error made by the AAT in their ruling.
Application for Ministerial intervention: You have the option of writing a letter to the minister, offering some compelling reasons why he should use his discretion and give you a visa. The percentage of successful requests has dropped significantly. However, in most cases, the outcome will be favourable if the Minister weighs in on the matter.
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If you any query related to your visas or education, Contact Vision Consultants Australia.