Have you received a letter from Immigration inviting you to comment on Adverse Information? What does this mean? Well, the Department feels there might be a very good reason why your visa application could be refused. You have a very limited opportunity to convince them otherwise.
You must take any letter very seriously. Carefully read any “Invitation to Comment” letter that is sent to you.
There is a strict time deadline, which appears in these letters. You must make a response to the issue raised by the Department on time. Take care to calculate when the period starts, and when it ends.
Next, be very careful to make sure that any information you provide in response to an adverse information letter will not further prejudice your application. Don’t dig yourself into an even bigger hole. The issue identified by the Department could potentially become an even greater issue for you. Are you giving Immigration more rope with which to hang you?
Be sure to understand and comprehend fully what it is that the delegate is concerned about. If the delegate is asking for further documents or information, you must be clear on precisely what it is that the delegate is ultimately trying to ascertain.
This is a useful exercise to undertake with the assistance of somebody who understands the visa refusal process. This is because you might not be fully aware of the implications of the letter you have received from the Department … until, of course, you receive a refusal.
If you are making an application for a visa from overseas (that is, if you are outside of Australia when making your Australian visa application) and you do not have a sponsor in relation to the application you lodge, then the Department is likely to decide on your application without taking the additional step of contacting you for clarification on the information that you have provided.
The Department might contact you, but you should be aware that there is no legal requirement for them to do so.
If you are offshore and you’re applying for a sponsored visa, then Immigration may seek to interview you before granting you a visa.
No! This is particularly so if you are from a country where applications are known to have a high incidence of fraud. You can also expect more intense questions and verification if your own immigration history is imperfect.
My experience is that these applications, which do not have any appeal rights, are decided quite quickly and without much effort or interest by the Department to contact visa applicants to request further information before refusal.
The most significant lesson from all of this is to make sure that you always provide complete information to the Department in support of your application for a visa. This should be as soon as your application is made, or as soon as possible after the submission of your application.
You should expect to be interviewed about your plans to visit Australia to study. It is expected that you should be aware of the course you applied for, how it is structured, and what you will and won’t be studying in that course. You will frustrate your chances forever if you make an application for a student visa to Australia without knowing enough about the course you intend to study.
Another aspect of student visa refusal is that it must make sense for you to study the course, given your previous study history. Suppose there is a great divergence between your study history abroad and the study you wish to undertake in Australia. In that case, you will need to provide some logical and plausible explanation as to why your study direction has changed.
You should also be able to clearly articulate how your course of study in Australia will help you achieve your plans.
When an application for a visa has been considered against the criteria for the grant of the visa applied for and it has been decided to refuse your visa application, it is quite pointless to go back to your case officer and argue for a reversal of the refusal decision.
When you’re overseas (outside of Australia), it is usually the case that you can lodge as many visa applications as you are prepared to pay charges for.
For this reason, it’s often the case that if you are offshore and you receive a visa refusal, then it may well be that the simplest, fastest and most cost-effective way to proceed is to lodge a fresh application for a visa.
This fresh application would, ideally, have better submissions and more complete information, which might persuade the case officer that your case has sufficient merit for a visa grant.
If it is the case that you are in Australia at the time of lodging your visa application, then you will usually have been granted a bridging visa. This visa expires 35 days after any visa refusal decision has been made in respect of your application.
Applications lodged onshore will usually have an appeal right if the application is refused, but usually not so if the application is made offshore and there is no sponsor. Check this!
The answer to this question depends on your immigration status in Australia.
Assuming you are in Australia at the time of your visa refusal, then the important question is whether you hold a substantive visa.
A substantive visa is best thought of as any visa for Australia other than a bridging visa.
If you hold a substantive visa, then it is more likely that you will be able to lodge another visa application while in Australia, and that you will be granted a bridging visa in association with that new visa application.
For example, suppose you are the holder of a student visa that expires in two and a half years and you had previously made an application for a partner visa which was refused today. In that case, you might be able to make a further application for another visa while you are in Australia.
The situation is very different, however, if you hold a bridging visa at the time of receiving the visa refusal decision.
This is because holders of bridging visas have far more limited opportunities to make valid applications for further visas in Australia, to remain in Australia.
For more of my tips on bridging visas, check out my guide to bridging visas.
If you are overseas and you’re making your first application for a student visa for Australia and it is refused, you will typically not have any rights to appeal your visa refusal.
However, if you are in Australia and you have previously been granted a student visa for Australia, and you’re seeking to make a further application for a student visa while you are in Australia, then you will typically have an opportunity to seek a review of any decision that is made to refuse you a further student visa.
In my experience, most student visas are refused for one of two reasons.
The first is that the student is unable to show satisfactory evidence that they have the financial resources to fund their study and stay in Australia, because they fail to understand what sort of evidence is required, or they fail to comprehend the relevant times when funds are required to be shown to be available.
The second reason for refusal is that a student visa applicant fails to meet a criterion known as the “genuine temporary entrant” requirement, or “GTE” requirement.
In this scenario, the delegate deciding the application for a student visa will usually refuse a student visa application based on the GTE requirement if the decision-maker concludes that the applicant is a non-genuine temporary entrant and is simply using the student visa program to extend their stay in Australia for purposes other than genuine study.
The delegate is typically concerned that the student is unlikely to return to their home country after their course of study because the situation is either so good in Australia or so bad in the student’s home country.
Visitor visas for Australia fall into two main groups. One group is for visitors who have no sponsors in Australia. The other is for visitors who have family in Australia who have indicated a willingness to sponsor a visa applicant.
A family-sponsored visitor visa is one that is made when the visa applicant is abroad, but in which the Australian decision-maker is usually based in Australia.
If a decision is made to refuse a family-sponsored visa, the visa applicant will have a right to seek a review before the Administrative Appeals Tribunal (AAT).
You will already be aware that Australia is very particular about which visa applications it approves. The most common reason your visa will be refused is if the decision-maker feels that there are no prospects of the visa applicant complying with the visa grant, which would allow the visitor to visit Australia temporarily and return to their country. Because Australia is such a desirable location you can expect people to want to live here, and visitors to Australia will have their visa applications carefully scrutinised.
Are you from a third-world country? If so, you’ll need to convince a decision-maker that you will comply with any visa grant conditions. In particular, you’ll need to convince the decision-maker that you will exit and be a genuine temporary entrant visiting Australia for the visa granted to you.
Of course, if you have come to Australia and failed to comply with the conditions of your visa, or overstayed your visa, then it will be extremely difficult for you to persuade the decision-maker that you should be eligible for the grant of a further visitor visa.
Inconsistency, not just between documents provided in your visitor visa application, but also inconsistent information provided in one visitor visa application compared with the information provided in another visa application, can provide the basis for the r refusal of your visitor visa.
Too often, I see applications for visitor visas taken so casually that almost no supporting materials are provided. Immigration officers don’t like to spend too much time and effort seeking further information from visa applicants abroad, and usually, any visitor visa application which is in any way unconvincing will be refused. Accordingly, care should be taken to provide complete but relevant information in association with any visitor visa application.
Another common reason why your visitor visa is likely to be refused is that your supporting documents are not consistent with one another and are not readily verifiable after a decision-maker contacts your employer (or past employer) in your home country.
I often get asked why a bond was not asked for by the Department, and what is the problem if a bond is pledged to secure the obligations of the visa holder in respect of any visa granted.
This is perhaps the biggest myth floating around in the minds of visa applicants. Thinking that a bond will cure any defects that visa applications have is wrong.
While it is true that one may be imposed by decision-makers, bonds are beside the point. Bonds may only be additionally relevant and then imposed, if the primary consideration (of whether or not the visitor is in fact a genuine visitor) is met and compliance with the visa conditions and visa terms is extremely likely.
Of course, every visa application for Australia needs to meet health requirements and character requirements. If you are unhealthy or have a criminal record, your visitor visa is likely to be refused. You should take care not to provide misleading information about any information you provide in support of your application.
If the decision-maker becomes aware that false or misleading information has been provided, you will suffer sanctions. These sanctions can include not being able to be granted a visa for 3 years (in the case of false and misleading information, or bogus documents) or 10 years (in the case of false or misleading information, or bogus documents about your true identity).
Take care when making an application for what seems to be the quickest visa. One quick way of getting a visitor visa refusal is to make an application for a visa for Australia to see your Australian partner or de facto partner. The correct visa in the case where you wish to visit Australia to stay with your Australian partner, or permanent resident partner, is a “Partner visa”.
One strategy is getting a visa to travel to Australia and lodging a partner visa after arriving in Australia. This might be easy for some applicants who hold certain passports, and who do not attract a “no further stay” condition, but it is prudent to consider making an application for the offshore partner visa first, before applying for a visitor visa.
Given the considerable delay in decision-makers deciding partner visa applications, a sponsored family visitor visa or a visitor visa application after an offshore partner visa application has been lodged might prove fruitful.
This strategy might be practical and useful for visitors from certain countries seeking to join their partner, but of no use if the visa applicant is from a country that is subject to more scrutiny about visa applications. eg. a country whose citizens are noted for abuse of the partner visa program. In this case, it is unlikely that a visitor visa will be granted while waiting for a partner visa to be decided.
Are you kidding! You are seriously unlikely to get any refund of fees. The Department will not usually refund any visa application fees and charges that you have paid if your visa is refused or withdrawn.
In the case of visa applications where the visa application charge is paid in multiple instalments, then the second instalment will usually not be payable if your visa application is refused or withdrawn before the second instalment is actually paid.
Most applications made with the Department of Immigration when you’re in Australia, or for which there is an Australian permanent resident sponsor, will allow for an appeal to be made to the Administrative Appeals Tribunal (AAT). In this way, most applicants have two opportunities to provide information to the decision-maker and to make out their case.
The first opportunity is at the departmental level (to the delegate of the Department of Immigration), and the second opportunity is to the member of the AAT. This is where it stops.
You have two opportunities (and only two opportunities) to make your case. However, there is an opportunity to obtain a remedy in case you feel that there is some reason that the Tribunal has made a decision that it is not authorised to make.
An incorrect decision is often referred to as a decision that is infected with legal error, and an error on the part of the Tribunal. The decision can then usually be challenged by way of application to the Federal Circuit Court (FCC). The FCC reviews the decisions of the Tribunal to confirm legal errors. If a legal error is confirmed, then the FCC will quash the decision of the Tribunal so that your case is remitted back to the Tribunal for reconsideration and a new decision by a differently constituted Tribunal.
The AAT is not able to make any decision to grant a visa. It will decide as to whether or not the criteria for the granting of a visa are satisfied or not. If the Tribunal feels that the decision of the delegate at the Department of Immigration was correct, then it will confirm the decision of the delegate.
If the Tribunal, on the other hand, is of the view that you meet the criteria for the grant of the visa, it will make a finding to that effect and remit the decision with a direction to the Department of Immigration to further consider the application given the Tribunal’s findings. It is important to note that the Tribunal is not empowered to grant any visa.
Assuming you do have a right of appeal to the AAT after your visa has been refused, you will need to pay a fee to the AAT at the time of filing your application for review. A tribunal will then reconsider your circumstances against the same laws that applied to your application when considered by the delegate at the Department of Immigration.
The AAT charges a fee when an application is filed and that fee at the time of writing was $3,000. If you are successful in your application for review, then 50% of this fee is refunded to you. Of course, if you have a representative assisting you in managing your appeal and appearing at the Tribunal to make oral submissions, in addition to making written submissions both before and after the hearing, professional fees will be payable to that representative.
The fees payable to representatives who must be registered Australian Migration Agents (and who might also be Australian Legal Practitioners) will vary depending on their skills and knowledge and the level of assistance provided by the representative to you.
It is important to select a representative who adds value to your application and who is persuasive.
This happens only if your representative has credibility with the Tribunal and is competent and diligent in providing the Tribunal with all the relevant information, in a way that puts your best foot forward and assists the Tribunal in ensuring it has before it complete and correct information, so that the Tribunal may then make the correct decision.
It may well be too late after a refusal decision (and after you’ve made your responses or provided additional information) to then fully and properly present your case for success if the matter were to be reviewed on appeal before a Member of the Administrative Appeals Tribunal (AAT).
If you are in Australia at the time of the visa decision, and you have made a valid application for the visa earlier while in Australia, then you will usually have a right of appeal to the AAT.
The appeal would be a review of the decision of the delegate of the Minister to refuse your visa. This right of appeal typically lasts 21 days from the date of the decision. Note: the appeal period is much shorter in the case of a visa “cancellation”.
Usually, you’ll have two options if you fail at the AAT.
One option is to accept the umpire’s decision and exit Australia unless you have some other opportunity for a visa pending.
Another option is to make a special submission to the Minister for personal intervention about your circumstances if they are particularly unique.
A third possibility is one in which I specialise. This involves scrutinising the decision of the member(s) of the Tribunal and identifying a legal error. Can it be argued that the decision of the AAT should not stand? If yes, a Federal Circuit Court judge might deem it appropriate to order the decision of the AAT to be quashed.
Whether or not the Tribunal’s decision is infected with legal error is a complex issue. It is not possible, usually, to identify errors by simply reading the decision of the delegate.
Rather, one needs to have a forensic review of all of the information provided in respect of the application for a visa, together with all of the laws and regulations that are relevant to the consideration of the visa grant, and a review of the chronology of events in the exchange of information between the applicant, the Department and the Tribunal, as well as with any other government agencies.
This may include the transcript of the hearing before the Tribunal. Once all this material is to hand, you might then just have enough information from which to discern whether or not the decision ultimately made by the Tribunal was infected with legal error.
If your case is particularly unique, and typically where a visa refusal is an unintended consequence of Australian immigration rules, you may have a basis for seeking special intervention by the Minister for Immigration in your particular case.
This can be done after you have made an application for review to the AAT of the decision to refuse your visa. You mustn’t miss your opportunity to make an application for review to the AAT, as if you fail to make your application to the AAT, you might be denied the opportunity of making an application for ministerial intervention (which is only possible after your application has first been considered by the AAT).
The short answer is that some Migration Agents are extremely skilled in assisting clients with visa refusal advice, and assisting with the making of new applications successfully (or making review applications) to the AAT.
Other Migration Agents, however, might not have the skillset and the communication skills required to effectively push your case over the line after it has been refused. Make sure you understand that once an application has been refused there is a considerable additional hurdle that you must overcome about getting the next application approved (simply due to the prior refusal).
Certainly, when it comes to discerning whether the decision of a Tribunal is infected with legal error, I’m of the view that it is not usually prudent for a Migration Agent to advise about jurisdictional error.
This is because it requires considerable knowledge of legal principles, and registered Migration Agents either do not have this skill set or knowledge base. Also, there are additional rules and qualifications needed for registered and practising Australian legal practitioners.
Some Migration Agents work around this issue by using and associating with lawyers, or by committing clients into a direct brief situation, where they are ghosting themselves and a relationship is effective between the visa applicant and a barrister. This is known as a direct brief scenario.
Migration Agents should not be briefing barristers directly. Rather, barristers should be taking briefs, within the meaning of the Uniform Solicitor’s Rules and the Uniform Barrister’s Rules, either directly from clients in a direct brief situation, or from Australian legal practitioners.
If you have a visa refusal, you should take steps to obtain advice from an Australian Legal Practitioner skilled in the area of Australian immigration law.
The first question you should ask is whether or not your prospective representative is an Australian legal practitioner, and what level of success they have had in running cases before the Administrative Appeals Tribunal (AAT), in the Federal Circuit Court (FCC), and the Federal Court in respect of challenges to immigration decision-making.
The better option is to get two or three separate opinions about prospects for success in either making a fresh application (if that is possible) or making an appeal to the AAT.
Our practice is a leader in the field of assisting with visa refusals, having successfully pursued hundreds and hundreds of cases at the Tribunal, and succeeding in a significant number of important cases in the FCC in respect of immigration administrative decision-making.
You can access our 20 years of experience in successful appeals against visa refusal by making an appointment to see us today.
Here are the first three things you should do immediately after your Australian visa has been refused:
These are the most important three things that any immigration lawyer will need. With this information, you have enough to have a meaningful conversation with an expert. Without it, you are wasting each other’s time.
This is perhaps the worst type of rejection, because you may now be unlawful. Invalid applications mean that any bridging visa you thought you held (as a result of having made a valid application) does not exist.
You should discuss this with your advisor immediately. You can call me for assistance.
In a perfect world, you would expect to get a notice from the Department before your visa application is refused.
Unfortunately, we don’t live in a perfect world, and it might well be that your application for a visa is refused without any notice given to you in advance of the decision.
Visa refusals are different to visa cancellations in many ways. Importantly, visa cancellations tend not to be made with prior notice. Visa cancellations usually have far more serious consequences than visa refusals. If you can appeal your visa cancellation, you only have 7 days to lodge the appeal if your visa is cancelled, but if your visa is refused, you’ll usually have 21 days to appeal. If this has happened to you and the clock is ticking, why not book a consult with me?
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hello.
I applied for a student visa and my husband is a dependent. I was granted while he was refused because we unintentionally forgot to declare a US visa refusal from 2015.
Before his refusal , a natural justice letter was sent and we responded with an affidavit of acknowledgment of error but the refusal letter states that the issue was not addressed.
Please how soon can he re-apply and what can we do to get it right this time?
thank you.
This is a great question.
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He can re-apply immediately. There is no time period which he cannot reapply. However the difficulty when he next applies is that he faces a three year exclusion ban.
You have an extremely difficult hurdle to overcome in practical terms now. The previous application did not have to deal with the issue that a ban had been applied.
You will usually receive details about any exclusion period or ban based on public interest criteria 4020 in the decision record attached to the notification of refusal of the student Visa.
Two strategies for arguing that a new Visa for your husband should be granted include arguing that the error was not infected with any purposeful deceit on the one hand and on the other hand arguing that even if the correct information had been provided, it would have made no difference as a Visa would reasonably have been granted to your husband.
I expect this to take a considerable period of time And it is very unclear and uncertain as to whether you will be successful.
You’ll need to decide whether or not the smart thing to do is to come to Australia and commence your studies without your husband whilst the further application is been considered by the department.
It could take anything from a couple of months to more than six months before any outcome is realised in relation to a new application.
Of course you’ll need to provide some fresh statements and any other supporting material you have including perhaps new documents relating to references arresting to the good character of both you and your husband.
I do not prefer to tell you how to suck eggs as I may have made the mistake myself innocently but readers of this page should note the very significant consequences of making silly mistakes on application forms for visas for Australia.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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Hello,
My Mother-in-law's FA 600 Family Sponsor Stream Visa got refused because I was the Sponsor instead of my Wife. We both are Australian Citizens. My Mother-in-law has already visited Australia twice before and once on the same Visa category.
In this case should we just reapply for the same visa with my Wife as the sponsor.
An advise would be appreciated
Regards
Dhriti
Hi Dhriti
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Yes absolutely reapply. The time in the costs associated with any appeal in respect of a Family sponsored stream visitor Visa is not worth it in these particular circumstances.
Also there is no set period where you cannot reapply. I would simply reply today with the fresh information.
Perhaps the most important thing is to make sure that you answer every question correctly including the fact that there was a prior visitor Visa Refusal. It is very very important you do not forget to mention that.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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I got divorced and married again from Bangladesh. After that I have applied for a sponsored family visa to bring my wife here in Australia. But the case officer refuse my wife's application of subclass 600 sponsored family visa.
My plan was to bring her first here in Australia and then apply for spouse visa as I dont have sufficient fund to apply for a spouse visa. Also there is a long cue in this section.
is this refusal impact her spouse visa application?
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Yes, the Visa refusal will indeed impact the spouse Visa application simply because any refusal is considered by the decisionmaker in your next Visa application. Having said that I do not see this is particularly problematic if you were able to explain yourself clearly and provided there has been no false or misleading information in relation to the previous application.
You should give serious consideration to waiting until you have saved up enough money for the lodgement of the offshore partner Visa application before making any application for a sponsored family visitor Visa.
Unfortunately lost it is technically possible to get a visitor Visa to enter Australia and then login onto application for a partner Visa, this strategy is thwarted if your visitor Visa application is refused as appears to have happened in your case. Given the refusal I think the most sensible approach would be to lodge the offshore partner Visa first and then make an application Clearly indicated that a partner Visa application has been lodged and because of the duration in processing time being a number of years, argue that the grant of a sponsored family visitor Visa is appropriate in the circumstances. If you are unable to convince a decision maker of this then you will be given a decision record outlining the reasons for refusal of your visitor Visa application . In the case of a family sponsored visitor Visa you will have a right of appeal to a tribunal in Australia and it might be that this is your best long-term option.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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1300558472
I, permanent resident of Australia, applied for o my father's visit visa (subclass 600) applied on 30/7/2018, the visa was rejected .Afterwards I went to tribunal to make an appeal.
Appeal decision was in my favour ,which was received afterwards in my favour on 13/11/2020
the case just shows finalised . no update after 2 yesars now
department should update me regarding my father 's visa. There is absolutely no update in my father's case . I have attached appeal decision to the case as well, however the case is still closed. I have called the 131 881 number multiple times and all they tell me is to wait.
What should i do ?
Hi Nilesh,
If I travel overseas on a Bridging Visa B, and for what ever reason my current visa application (made onshore) is refused whilst I am overseas, do I have a period of time to travel back to Australia to appeal the decision or will I loose my appeal rights and not be able to return?
Thanks,
Kaiman
Kaiman
This is a great question.
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Hey let me assume that your Bridging Visa “B” Class (Subclass 020) was granted to you in association with a new application for a student Visa made onshore whilst you were the holder of a substantive Visa.
If the new substantive visit you applied for is refuse whilst you are outside of Australia then you will typically have a window of 35 days to return to Australia. You need to check the duration of your Bridging Visa “B” Class (Subclass 020) .
You must return before the travel facility of the Bridging Visa “B” Class (Subclass 020) ends or within 21 days of the Visa refusal, which ever is shorter. I would return immediately if you get a refusal because you must return and be inside Australia at the time of lodging any application to the tribunal and it will take you a couple of days lodge. You don’t want to leave it to the last minute.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
It would appear that the application was for a visitor Visa under the family sponsored stream. This is why you would've had appeal rights to the tribunal. Certainly is very strange and disappointing that I've just taken so much time for the department to revisit the application which was remitted to the department by the tribunal.
There are a number of complaint mechanisms open to you but I feel at a very practical level that it may be that you should simply apply for a fresh application with a fresh application fee and upload all of the relevant information from the previous REFUSAL and remittal from the AAT.
I know this sounds frustrating to have to do again and to incur the cost again but it might well yield you a faster result. You also have control of the application being a new application in your Immi account.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hello
My wife’s medical was unsuccessful because the MOC mis calculate the cost based on her current treatment plan in 2018 though we explained the treatment plan will be changed which eventually happened. After we go to AAT the senior MOC from BUPA gave the positive result for us and the PR was granted in 2021. During this time we lost a lot of money and a lot of things! My question is can we Sue BUPA for not giving importance on the treatment plan and gave the wrong decision?
Plz let me know if possible
Thanks
Kind regards
Sam
Sam
I can understand your frustration. I’m sure that the delay caused by the initial assessment has resulted in significant financial loss and other stress.
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You should seek the advice of a lawyer who specialises in negligence for greater clarity
My initial thoughts are that the medical officer of the Commonwealth has a broad discretion in relation to the determination.
I would expect that the decision-maker has not made any decision which is so unreasonable that no decision-maker could have made such a decision.
In this way the decision-maker is said to have a broad decision or freedom and it will be quite a challenge for you to prove that the decision by BUPA was outside of the decisional freedom in which the decision-maker is allowed to operate.
As a preliminary step I would seek to ascertain objectively what indeed the loss was that has been suffered. It may be that after objective quantification of this loss, you may decide not to proceed even if there was a cause of action against BUPA because of the costs and risks associated with any litigation. In such a case it would simply be throwing good money after bad.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hello sir,
I am student in Australia and my husband is in India.In 2019,I came in Australia and applied my dependent visa for my husband.But unfortunately ,they refused my husband's visa .Now I have applied 485 as a single applicant ,thinking of applying husbands visa as a subsequent entrant once my visa will grant..Now ,the blunder my agent did was he hide my husband's previous canada refusals in dependent file...Please sir tell me what could be the consequences if I show refusals in subsequent entrant file????Do I need to show or not???
Hello Nilesh,
Good day.
Please urgent advise needed.
I have an employer sponsor and want to apply for a TSS 482 for my family and I. will a UK visa ban, (but never applied to Australia previously and does not have any criminal issue) on my spouse affect the outcome of this application automatically. Do we still stand a chance if we apply?
Thank you.
I applied for protection Visa and got refused. Now I'm offshore, Can I apply for work Visa such as Visa 491, 189 or visa 190 ?
Hi Mr Nilesh,
Firstly, I have been waiting for the outcome of my post study graduate visa 485 since January 2022.
Second, I have a de facto partner and she’s Australian.
Third, I can legally apply for an Electronic Travel Authority (ETA) visa 601 or visitor visa 600 whilst waiting for the outcome of my post study graduate visa 485, It’s stated at the Australian Immigration website.
However, my ETA visa (601) was refused. Listed below is their reason.
“In this case, I am not satisfied that clause 601.212 in Schedule 2 of the Migration Regulations is satisfied. This clause provides that:
The applicant genuinely intends to visit Australia temporarily: (a) as a tourist; or
(b) to engage in a business visitor activity.
On 30 June 2022, the applicant unsuccessfully lodged an application for a Class UD Electronic Travel Authority (ETA) (Subclass 601) using the ETA Mobile App. The applicant later submitted an online webform with supporting documents requesting further assessment of the unsuccessful ETA application.
The applicant stated the main purpose of their travel is for tourism.
Given the applicant’s character history, I have serious concerns that the applicant genuinely intends to stay temporarily in Australia for tourism purposes. As such I am not satisfied that the applicant will comply with the visa conditions to which an ETA would be subject, and consider that they may be seeking to use the ETA program to circumvent other visa pathways. I therefore find that the applicant is not eligible for the grant of an ETA.
I urge the applicant to refer to: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa- finder to explore other visa options.
Decision
As clause 601.212 is not satisfied, I find the criteria for the grant of Electronic Travel Authority visa are not satisfied. Therefore, I refuse the application by the applicant for an Electronic Travel Authority visa.”
From here, I have applied for Visitor visa (600) since my flight is in 12 days time. It’s my first time experiencing this.
But, my concern is, I am genuinely travelling for only two weeks, to see my partner and have a short holiday. Also. have my return flight itinerary with me since two weeks ago. More importantly. the decision maker didn’t ask or request for documentation about my flight.
Furthermore, with this refusal, I’m afraid that my initial post study graduate visa 485 might be affected. This doesn’t make any sense at all.
In addition, my character history was due to a road traffic accident and it was all cleared up. I also supplied certificate of clearance.
I dont know what I’m supposed to do.
Kind regards
Hello Sir,
I applied for my visitor visa subclass 600 tourist stream and got rejected due to the fact immigration officer pointed of having close family member living in Australia and we might overstay. Other reason they pointed is our pattern of seeking to live in the different country (we have New Zealand resident visa).
We applied immediately again after refusal two months ago but no news so far. We have put our house/Mortgage documents in the current application which we had not presented in our old application plus the leave approval letters from our employers.
In your experience, what are the chances of getting our visa?