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Stage 1 – The Pain – Is a visa refusal around the next corner?
Adverse information (S57 Natural Justice) letters before visa refusal
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.
“Natural Justice” letters are dangerous
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?
Your response to “Invitation to Comment”
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.
Will they contact you before refusing your visa?
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.
Does everyone get scrutinised equally?
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.
Student visa interviews
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.
Stage 2 – The Anguish – Notice of refusal of visa application
Refusal decisions are final
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.
Lodging another application
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!
Can you apply again?
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.
Bridging visa holders getting visa refusal
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.
Student visa refusals
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.
Reasons your student visa application will be rejected
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.
Are you a “genuine temporary entrant”?
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.
Australian visitor visa refusals
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).
Common reasons for visas being denied
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.
Visa refusal after overstaying your visa
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.
Inconsistent answers, incorrect answers
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.
Can lodging a bond fix my visitor visa refusal problem?
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.
Health and character
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.
Chance of visitor visa refusal after offshore partner visa is lodged?
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.
Will you get a refund of your visa application fee if your visa is refused?
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.
Stage 3 – The Confusion – AAT appeal, re-lodge, another visa or go home?
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.
Two chances
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.
How the AAT works
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.
Cost of appealing after a visa refusal
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.
Are you too late to apply for review to the AAT?
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”.
Stage 4 – Double Trouble – What if you lose at the AAT?
What if you are not successful in appealing a visa refusal at the AAT?
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.
Legal error in decision-making
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.
Asking the Minister to intervene
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).
Can migration agents assist with visa refusal appeals at the Federal Circuit Court?
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).
Why use specialised visa refusal lawyers?
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.
Best practice in FCC litigation
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.
Do you know about visa refusal and visa appeal problems?
Visa refusal appeal action plan
Here are the first three things you should do immediately after your Australian visa has been refused:
- Identify the notification document (email or letter)
- Identify the decision record (usually attached to the notification document)
- Identify all of the documents that were provided to the Department of Immigration
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.
Invalid applications
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.
Surprise visa refusals
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.
Different to visa cancellation
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?
Your experience?
Please share your comments with me.
I’d love to know more about your experience!
Shamsun Nesa says
Hi I am Shamsun nesa, I got s57 letter because of my son’s health issues that means he born premature on that basis immigration is saying hypothetically he will be burden for Australian community. I want to know your thoughts .
Thanks
Vikas Govindu says
Hi Nitheesh
I have been rejected subclass 500 in 2020 and later i appealed to AAT and the decesion is unsuccessful in November 2021 and moved back to my home country. I want to apply for Australia again, I want to know that how many days the ban will be on me and what are other chances to move back into Australia.
Regards
rodaliz narciso says
my student visa refused , and i brought to federal circuit and now we are schedule on next month for hearing. what if i lose the case? what is my next step to do. can i apply to federal court, or covid visa or protection visa?
Aneeqa says
Hi sir,
How long does it take for the CO to give decision once you have commented to invitation to comment of PIC 4020.
Your response will be highly appreciated
Sheryl says
Hi Sir.
I made a horrible mistake.
I applied for visa 190. Then last week I received a letter from immigration asking an evidence of australian study. Im a bit surprised so I reviewed everything.
And to my surprise in my EOI. I put yes.. that I study here in australia and with regards to my application i put no.
It was an honest mistake. I emailed them explaining that I made a mistake.
My question is: what is the cance of my bisa being rejected/ refused? 😞
I kept on logging in with my immi account and I can still see FOR FURTHER ASSESSMENT.
Anonymous says
Hi , I got s57 natural justice on my student visa application for Australia, as i was not aware that my canada visit visa’s were rejected 3 times in 2011 , 2014 , 2016. In the first two i was under 18 and in the 2016 one I was not aware as the applications were not filled by me,
So should I reply back with apology or withdraw my case?
Damanjit says
M an Australian citizen. I have been tried thrice family sponsored stream for my brother but refused..i still wan to apply with this stream . should i go with appeal or reapply??
Any help and advice would be appreciated..
Twisha says
I am currently on 482 visa which has expiry till August 2025 and got redundant from my sponsored employer in March 2023, since then I couldn’t find any other job with sponsorship option. My spouse was interested to pursue to study so we decided to apply for student visa for the Masters degree. We got a refusal on 2 July because of GTE with the option to go to AAT in 21 days. I have a few questions about this situation.
1. If I find a sponsor meanwhile, would he be eligible to study next year and if yes, would he be eligible to apply for a student visa as the 482 won’t outlast the studies.
2. How long does it take on average for an AAT case to go to hearing and can we get it resolved without it going to hearing as it’s just GTE?
3. If he does get approved from AAT, do he have to study at Holmes (original offer) or can he switch to Macquarie(interested university) from the start or after a term?
4. Does he have to study meanwhile the case is in AAT or can we both work full time?
5. Do we have any other window open here? I have current EOIs for Accountant 189, 190.
Thank you for your response in advance.
Allan says
Hi Nilesh,
I have been on this journey since 2018 lodging EOI in 2019 for 491 family sponsored visa, sadly fires, floods and C19 slowed the process down to a point I had given up ever receiving an invite.
Out of the blue I get an unexpected invite to apply in August 2022. When I turned 40 I lost 10 points so expected to automatically lose points with English expiring, having checked skills assessment expired in January 2022. I called DHA to find out if there were extensions put in place due to global shutdown for lapsed documents, The lady was not aware of any extensions and advised I Lodge the invite and redo skills and english before a case officer is assigned and provide a cover letter. I didn’t want to waste money to be rejected.
Having followed the advice of someone who should know the process I lodged the invite paid the fees and redone TRA skills and English, these were uploaded before medicals were finalised and before case officer contact.
Having had no contact from a case officer, I get notification my EOI has been removed, I then check immi account to read all are finalised check messages. No message uploaded.
2 hours letter email notification for refusal of visa due to skills assessment expired before invite and positive assessment uploaded after invite.
I can only appeal using my sponsor.
I called DHA as they advised me to lodge the invite redo the expired documents and upload a cover letter, sadly the person I spoke with wasn’t interested she took no information from me but said she was going to check and put me on hold, to come back couple minutes later to say nothing could be done, I asked to speak with a supervisor and informed the desicion had been made I must follow what it says on refusal letter.
Wow, having paid all this money and taken advice from DHA I have been well and truly hung out to dry. It is my application but my family sponsor must now appeal.
Totally lost now can I appeal? Or start the whole process over? I have wasted so much time and money on a dream and I can’t even get answers to why DHA advised I Lodge yet they still refuse having a cover letter explaining.
Nilesh Nandan says
Allan
Firstly, thank you for your patience.
Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).
1. The rules to be satisfied at the time of getting the invitation as well, as at the time of making the application for the Visa, and as well as the time the Visa decision is made us well quite clearly specified in the regulations and unfortunately can be very harsh and unforgiving.
2. Without reading the decision record, my guess would be that there is no scope for you coming within the strict rules, which unfortunately means that you need to start the process again and hopefully at this particular time you can still achieve the required points outcome.
3. You have been advised correctly that once a decision is made by a delegate of the minister, then that decision cannot be re-visited by the delegate. You will need to consider appeal rights or other options, for example lodging a fresh application if your circumstances permit this etc.
Before I complete my response to you, can I just say how heartbreaking your circumstances are. You are not alone in these types of experiences, and I hope that others will take particular care when, considering whether or not, they meet visa and continue to meet VISA criteria at the various points in time I have noted above.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Mohammed Nuhu says
I’m an international student pursuing Master in Australia. I applied for Subclass 500 subsequent visa for wife and daughter which was refused in 15th December for not providing family tie, I have submitted a fresh application since 19th February 2023 but I haven’t hear anything from the home affairs. Please how does it normally take for this type of case.
NITIKA TALWAR says
Hi, My brother and his family applied for Visitor Visa but got refusal for 4 of them.. I have sent them a invitation letter with my mortgage documents with the bank statement too. More specifically, considered their economic circumstances and note that the
applicant has provided balance certificate as evidence of their financial standing. In addition, the applicant has demonstrated limited source of these funds which cannot be considered significant in the context of overall economic/employment conditions and cost of living in India. As such, I do not consider that the applicant has strong economic incentives to return India at the end of their proposed stay in Australia.
Nilesh Nandan says
So, what is your question?
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
Sandeep says
Nilesh I have a very similar situation too. My cousins visa got refused . He does not have any intention to stay in Australia but wants to visit for 4-5 weeks to see us. Do we have a chance.
Nilesh Nandan says
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
1. You always have a chance. It’s need a definite refusal. Immigration case officer generally want to approve rather than reject.
2. You just need to be convincing that they are likely to return and NOT overstay.
3. Start with addressing the refusal letter comments.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Joel Kaki says
Dear sir/madam
I’m Joel Kaki of Tuvalu.
My PALM visa was declined on 5th of April 2023. 40 of us were recruited to work with Teys Beenleigh for 4 years . All 39 are in Australia working now and only me my visa was declined because of my police clearance was from 2016.
I was given 28 days to send the recent one but the labour department here did not inform me till i received the decision was declined.
They gave me 21 days to appeal and i submitted my recent police clearance certificate but not received any update…
Please how long it takes for such case?
Your kind response will be very much appreciated.
Job says
My wife and I got married last year July and She got job offer in australia for a job offer. She arrived in australia 2022 September 28 under 482 visa and unfortunately i was unable to join her because we lack the necessary requirements as per her lawyer *She said*. Later on she applied 189 2022 October 2nd week she sent the application and i found out after arriving to australia she is living with another guy and she applied her 189 visa as UNMARRIED aka Engaged so she can claim points. Is there anyone who can help me where can i report her? Or australia government just ok with people lying to their face and people who cheat? I reported to border patrol but she is still living with her paramour and I can’t do anything. Australia doesnt condemn infidelity so i cant file divorce until her 12th month there.Everyday i wake up stressed and depressed knowing i am still married to this woman. Anyone have same experience? Is there a way to report this kind of person?
Namrata Sharma says
Hlo … I got refusal for 2 times for Australia before 1 year … can I apply for student visa now ???
Aadhi says
Dear sir,
Thank you for sharing your information on this page. I really have one question for you. And the thing is i got my visa extention refused from DHA on 2020. Then i applied for the AAT on some year, but got refused from them too after 2 yrs. Again i filed my case in Federal Circuit Court and got my bridging Visa A. Now after almost 3 yrs, i got chance to apply for my pr and got nominated by the state. So my question is does my case on Federal Circuit Court will affect my visa grant decision from DHA? what should i do in this case? if you could share some information, i would really appreciate that.
Manogna says
Hi, my name is manogna,i applied for a visitor’s visor to Australia which was rejected on 22 March 2023, this the reason that i did not satisfy the provisions of the Migration Regulations 1994, the review rights says “there is no right of merits review for this decision” what am i supposed to do in this case?
Irene says
Dear Sir,
I’m currently on the refugee visa which I was granted a bridging in 2017. Last week I received email from the Administrative Appeals Tribunal saying they are going to conduct a review, in relation to the application for review made by me in respect of a decision to refuse to grant a Protection visa.
To assist them to progress my review, they invite me to provide information about myself and application. Can you give me advise as in what kind of information should I provide? My application was conduct from an Agent which was introduce to me by a friend but I have failed to contact him and do not have a copy of my Application that he submitted. Do I have to have that copy for further actions?
My dateline to submit my information is on the 28th March 2023. I’m worried and do not have an idea how to solve this issue. I have a permanent job and a partner of 5 years. We intend to apply for a spouse visa and in a couple of month while we are gathering all the paperworks and information. Will this affect my spouse application?
Appreciate if you can provide or give me some advise as what do I need to do? Should I wait for the Tribunal appeal or submit my spouse application ASAP?
Looking forward to hear from you.
Thank You
Irene
Dilani Anne Thomas says
Hi nelson.
My spouse visa application was refused. Actually I gave a migration agent to do my application. The migration agent has done so many mistake in my application.
It’s a spouse visa that I have applied.
farza says
Hi there 🙂
My 408 visa has been refused. The reason is under Public Interest Criterion (PIC) 4003(b) of Schedule 4 to the Migration Regulations 1994 (Cth), which determined I to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction!!!!!!!!!!! Fortunately the Australian embassy has issued permission to review my visa agin after 6 months. I would like to please guide me which document provided to appeal?
I am an average student with only two conference papers and no involvement in any nuclear or missile related organizations. This type of rejection is very unfair.
My other question is, if my vote is not changed, will I face problems in the future? I have a postcode proposal for Canada.
Please Hellp Me, the deadline is 20 March…
Ankush kumar says
I live in the uk last 2 year with my wife and she is got skilled work visa means Tier2 and I got dependent visa with him. I applied tourist visa for Australia in January but got refused again second time 3rd of March 2023 and the reason of refusal is that you are coming here permanently not for tourist. So now what I can do please suggest me thank you
Su says
My niece’s students visa got refused just after a week of the visa lodgement (last week) under clause 500.212 in Schedule 2 of the Migration Regulations is not satisfied. It further says that,
the applicant’s circumstances in their home country, including the applicant’s economic
situation, political and civil unrest in the applicant’s home country, the extent of the
applicant’s personal ties to their home country, whether the applicant has sound
reasons for not studying in their home country if a similar course is available, and
military service commitments that would present as a significant incentive for the
applicant not to return to their home country.
Also I sponsored her as her aunt as I am an Australian citizen. The letter says,
the applicant’s potential circumstances in Australia, including the extent of the
applicant’s ties with Australia that present as a strong incentive to remain in Australia,
evidence that the student visa program may be used to circumvent the intention of
the migration program, whether the Student visa or the Student Guardian is being
used to maintain ongoing residence, the applicant’s knowledge of living in Australia,
and whether the primary and secondary applicants have entered into a relationship of
concern.
It further says that the value of the course to the applicant’s future, including the course’s consistency with the applicant’s current education level, whether the course will assist the applicant to gain employment in their home country. Is there anything that I can do with this regard? Will she be rejected if she applies for a visitor visa in the future?
Thank you
Su
pk says
Hi,
I am currently on appeal for ENS 186 visa, my employer/sponsor’s business will be taken over by new owner in a month, the business’s operation remains the same and the new owner would like to keep me doing the same job. However, would my appeal be invalid since my sponsor and the company is no longer the same? Thanks.
Arne says
Hi, I’ve got a refusal notification un march 2020 for an evisitor visa. Today, almost 3years later, I try to apply for a partner visa (my girlfriend is a PR), but i can’t lodge online because it says my name is still lnked to a refusal visa. Not sure what to do now. Would you have an suggestion ? Kind regards
Nilesh Nandan says
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues that arise from your particular circumstances. You should seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you.
1. You can still apply for a partner visa despite having a previous refusal for an eVisitor visa. However, the refusal of your previous visa application may impact the outcome of your current partner visa application.
You may be subject to an exclusion period or some statutory ban in relation to making any valid application, so I really need some more information before I can properly advise.
2. Where are you – onshore or outside Australia? What conditions are attached to your current visa?
3. Have you been refused for a partner visa previously?
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here:
https://myvisa.com.au/10-Minute
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
https://myvisa.com.au/
Arne says
Dear,
thanks for you answer. At the moment, I’m outside of Australia. From the refusal notification I had in July 2019 (not march2020), it says “an exclusion period may now apply”. From the rest of the records, I understand it’s 3 years. This refusal notification was for an evisitor visa, after they found false documents for my second Working Holiday Visa.
However, I never applied for another partner visa. But right now, I can’t go further that step4 on the immiaccount application because website stops me telling there was a refused visa before.
We can do the chat,
Rajan chauhan says
Dear Sir
Myself Rajan chauhan from India my daughter Tamanna Chauhan applied for study visa for bachelor of Information technology from University of southern queensland Brisbane through kaaiser as main agent and Davesar as a subagent. Her visa application filed on 10 Dec 2022 and we received refusal on 16 Jan 2023 as visa officer was not satisfied with our vus application as per clause 500.212 schedule 2. We have tried our best with University for giving us a second chance but not getting a favourable reply even all other agents and universities has denied to take our case due to immediate visa refusal. My daughter hve 91.2 % marks in 12th no medical and 7 bands in Ielts she is very intelligent and deserving candidate. We want to take advise for case please
Parthieepan says
Dear Sir, I am from India, I applied my medical Visa sub clause (602) to visit exclusive chiropractic treatment in Parkdale Victoria Australia. The Dr also gave me invitation letter for my treatment, with my visa application I enclosed only my one MRI report and failed to enclose my past medical history reports on this ground my medical visa was refused. In the visa refusal letter it was stated ” In assessing the application, I note that the applicant has applied for a Medical Treatment Visa (MTV) for a claimed consultancy and treatment for Spinal Care. He intends to travel to Australia for an appointment with Dr Ian Rossborough and has provided a letter dated 14 January 2023 confirming the same.
I note that the applicant claims to be an advocate and has provided evidence of the same. The applicant has also provided a letter from the hospital outlining the cost for proposed appointments, and furthermore, income tax documents, personal bank statements and other supporting documents of the applicant.
Whilst I acknowledge the intended purpose of travel, I must still be satisfied that a genuine visit is intended.
I note that the applicant claims to be suffering from lower back pain for the past 4 years. However, he has only provided a radiology report without any credible evidence of his past medical history or consultancy with a medical professional in his own home country, India, which raises concerns on the credibility of his claims for treatment and the intent to travel to Australia to stay temporarily.
I am not satisfied that the applicant genuinely intends to stay temporarily in Australia for the purpose stated, and therefore find that the applicant does not satisfy Subclause 602.215 of the Migration Regulations 1994.
Decision
the application by the applicant for a Medical Treatment visa.
Shall I apply visa once more or what to do next? Kindly guide me sir.
Singrid Behm says
Hi there!
My brother has recently a student visa cancelled due to unsatisfactory progress but also because his wife applied for the Global Talent Visa and he still waiting for a decision to be made. He is onshore and she is offshore. She is the primary holder of the Global Talent Visa. As his student visa has been cancelled he has applied for BVE so he can stay onshore legally until the immigration takes a decision about the Global Talent Visa. There was no reason to lodge a review with the tribunal because his wife applied for the Global Talent Visa. By having a visa cancelled and having applied for BVE is there any risk for the immigration refuse his wife visa based on what happened to his visa?
vijimol says
Ho there
My 186 visa has been refused and what can I do next. The reason why it is refused means i didn’t have valid English score but I have uploaded new one during paper processing.but they won’t accept it and any chance to go foe appeal from overseas
Mehak Bhardwaj says
Hi,
My sister applied for student visa in nursing everything’s perfect funds and previous study but got refusal stating her ties to home country are not strong enough and she will get better financially stabled job in aus after completing study .
Plz let me know what i can do
Tenzin chhoezin. says
Hi nilesh
Recently I was invited for 189 however my naati was expired at the time of invitation . Unknowing about the rules I had accepted the invitation and completed my medical ..
So in this case will my 189 get refused … at this stage I am in 408 visa and shall this refusal affect my future applications .
Thanks
Andrew huss says
Hi my visa just cancelled because I overstayed few years ago . Could you suggest some idea that I can make immigration officer comfortable to give visa.
Rupinder kaur says
Hi,
My husbands visa is not refused but I got the email saying that the application is invalid. They said that the applicant didn’t provide their residential address in the form and in the application. But how come it’s possible. What the next step? What should I do? I heard that there’s some issues with immi website they are giving this same reason to most of the applicants.
Thanks
Udoka chima says
Pls I need an advice on how to find solutions on this. Being a novice at first time. A traveller agent defrauded me with a fake visa residence with a German citizenship which am not. After he got the visa I noticed that is not right for me to travel with such documents when i found out that he didnt use my own country resident for the visa. So I quite to travel with it.
Final I decided to apply by my self with my real residencen the visa was refused due to initial application with a different country residency.
I want to know if I still get chance to apply again
Theresia says
Hello, my name Theresia from Indonesia, i would like to ask how to give best comment for immigration.
My family ever got deported from australia because overstayed 5years ago.
Now, i’m apply for WHV, all document complete, but immi ask me to comment about my relative who overstayed.
Can you give some advise to comment on immiaccount form?
Jivan Parajuli says
Hi, my brother is applying for Australia and my visa for canada was refused. Do the Australian immigration checks the applicant’s brother travel history or visa refusal
Deepti Poojari says
Hi i am currently on student visa also two months back applied for partner visa , wherein I got bridging visa c not active as of now , mean while I have applied for my daughters tourist visa , balance proof of mine and invitation with balance proof from my current husband attached also got letter of permission from ex husband printed letter that my daughter can visit but still got rejected . I just want to know in this circumstance any other visa I can apply for her and when any time period hope this refusal not affect in future.
My daughters age is 13
francismasacayan@yahoo.com says
Hello
We lodged our application for pr last year november . And a sanction was imposed to my sponsor last speptember this year, is there a chance my application be refuse ? Thanks. Im in australia
Francis says
Hello
We lodged are application for pr last year november . And a sanction was imposed to my sponsor september this year, is there a chance my application could be refuse. Thanks.
Sam Dhillon says
Hi Nilesh,
This was a really helpful article.
My sister’s visitor visa was refused under the tourist stream and I was the one who applied for her. They advised she is not a GTE. She is now going to lodge a student visa , She got her COE from UniSA. Do you think she will get her student visa?
Thank You in advance
Sam
Joyce says
Hi this is Joyce.
I applied for twice for Australian Tourist Visa to attend a friend’s wedding, by both my twice Visa lodging was refused because they said I don’t have sufficient funds. Now that I have applied and was granted a Loan, which shows I have enough funds, is it possible to apply third time again? I really don’t want to miss this wedding
Gurleen kaur says
Australian embassy has requested for my 12th digilocker certificate verification . Can I get rejected if I provide them with my original 12th certificate which was not available earlier?
Ganesh Rout says
Sir, I had my student visa refused 15years back, because of wrong documents submitted by the agent. After 14years i did got my visitor visa approved, and later my work visa was also approved. I had clearly stated to my new agent about my Student Visa refusal, but unsure whether it’s was mentioned in Form 1221 by the agent. Now I am planning to apply for 186 and as stated in form 80 I want to declare the 15years old case. How can I confirm that my statements are uniform across all my applications? Please suggest whether irrespective of the previous applications and their grant I should still inform about the 15 years old refusal. Appreciate your guidance.
Govinda Bhandari says
Hi Nilesh my brothers 491 visa got rejected based on two reason
He was applying as accountant occupation
Reason 1. The skill assessment was for 485 visa not for immigration purpose.
Reason 2. Is clause 491.213 which says
491.213 requires primary applicant must have been invited by the minister in writing to apply for the visa.
I haven’t understand the Reason 2 and should my consultancy bear the consequences or not?
I hope to hear as soon as possible. Thank you
aravind says
Hi,
I got a 189 invite, but I resign from the job a few months back and I forget to update my EOI. Now they have given me 5 points for work experience for 3 years, but I am 20 days short to complete 3 years. Does it affect my points claimed.
Thanks,
Aravind
Shubh says
Hi Nilesh,
I have applied 186DE offshore.
My daughter has speech and language difficulty for which she gets support from private health professional hired myself and she also get support from school. They have asked me to do cognition test from psychologist and specialist paediatrician report. No representative involved in visa application. After going through lot of case study I have found that there are higher chances that I can have visa refusal. I have found there’s no health waiver option with this application.
1. If they refuse my visa on health ground, can I appeal? Or can I apply again? Or any other option?
2. Can I involve expert lawyer at this point of application?
3. Have you come across any other application grant that has intellectual health problem? I am sure my daughter doesn’t have autism but her intellectuality might be lower than her peer age.
I would be very grateful if your response. hoping to hear some positive story, I am stressed out reading all the refusal cases. Thanks in advance.
Syed wasif says
I was on student visa and deprated from Australia to meet family in janurary 2020. Sadly I couldn’t come back due to border closuer. I came to U.S on F1 in 2021. Later on when borders were opened in Dec 2021 I applied for student visa with to finish my last semester but I received N57 notice. Later I withdrawal visa and applied again with proper documentation. What would be the chanced of visa grant.
Kiran says
Hii.. My husband applied 187 visa in 2017 onshore. But he got refusal in 2019 and applied for appeal at the same time. Now, he has no documents to support his case as he changed his pathway of 491 with other profession. He is waiting for final invitation of 491. At the same time, the problem is he got hearing in this month. What should he do? Is there any way to postponed this hearing. Please suggest!
Melisha says
Hi nilesh. My parents applied for visitor visa subclass 600 and they got their visa refusal for the reason that the case officer has feeled that they won’t return back to sri lanka. Can i reapply for visa? Could you please give me the best advice regarding this.
Thankyou
Melisha says
I am on student visa and it end next year march
Hope says
Hi Nilesh,
Surprisingly, my business visa extension 188A been refusal with unbelievable reason. Now waiting AAT hearing will take 2-3 years. During this frustration, disappointed and discouraging period in waiting AAT hearing, can I apply another visa or same visa in other state? We hope to look for other option in our current situation.
Romel says
Hi Nilesh,
Seriously lot of people getting benefit from your free advice so I request please update your “buy me coffee “ – currently is not working! Thanks 🙏
Monis Luqman says
Hi sir,
I got an email from Home Affairs. Please guide me. They gave me 28 days to respond!
The Department believes this applicant to be you. As you are determined by the Foreign Minister, or a person authorised by the Foreign Minister, to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction, this means that you have failed to meet Public Interest Criterion 4003(b). The Migration Act 1958 requires that your application be refused if the Minister (or a delegate) is not satisfied that you meet all of the criteria for the visa
David says
Hello Sir
Hope you are well, my Working Holiday Visa subclass 417 got refused in 2019: I am reapplying for a new Working Holiday Visa do I need to declare my visa refusal in 2019 for my new application? and if so where can I declare this
Kind regards
David Byrne
Monis Luqman says
Respected Sir,
I received s57 for the student visa 500 applied to pursue PhD.
“The Department believes this applicant to be you. As you are determined by the Foreign Minister, or a person authorized by the Foreign Minister, to be a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction, this means that you have failed to meet Public Interest Criterion 4003(b). The Migration Act 1958 requires that your application be refused if the Minister (or a delegate) is not satisfied that you meet all of the criteria for the visa.
I am really worried. I am a student and got such email from Home Affairs. What should I do now?
Moahmmed says
My student visa subclass 500 was recently refused due to not meeting requirements for GTE. Should I re-apply again and change my SOP. And university is allowing me to re-apply for the student visa. By adding justification in the SOP. What are my chances of visa success in 2nd attempt ?
Evelyn Bingco Muscat says
Hi atty,
My grandson tourist visa was rejectected because he forgot
to attached his bank account statement and other documents.I am his grandmother here in Victoria Melbourne ..I am an australian cetizen ..can I appeal for my grandson visa rejection?
Thank you
Nilesh Nandan says
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
1. The cost of appealing this is $3000++. It also takes a lot of time to have a hearing in respect of the appeal. Appealing will only make Lawyers very happy. Simply re-lodge a new application.
2. Do not forget to mention the prior refusal in the new application and explained the reason for the omission of the bank statements in the earlier refused application in simple terms. People make stupid mistakes all the time and your grandson is no exception 😉
3. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Nic says
I have applied for 190 visa Nov 2020 and my file has been sent to Vaccu due to my husband having a CRO for domestic violence. We have since not heard any news on our visa. He was not convicted and the CRO has been completed Jan 2022. I have emailed VACCU and no response. Is there any hope for getting a grant and if so any idea how long this will take? It close to 2yrs soon. thk you.
Nilesh Nandan says
Hi Nic
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
1. The department is of course taking domestic violence very very seriously and you can expect VACCU to take very close look at what’s going on here.
2. Having a expectation of between two years and three years is appropriate in the circumstances.
3. What is problematic is the fact that the event and the orders pursuant to the event are only very recent. The longer one gets away from the incident the more comfortable departmental offices are in approving cases were there is the opportunity for them to give Visa applicants and their spouses the benefit of the doubt.
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan
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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
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Tashi says
Hi Nilesh,
I received my refusal (GTE reasons) for student visa subclass 500 on November 2022 and i had applied it offshore. Now i am planning to reapply for the same VISA but with a different education provider as i have received all my refunds. So it would be of a great help if you could guide me on how to go about with my reapplication.
Thank you
Muneeb says
Hi Nilesh,
I have recieved my tourist visa through family sponsored stream and they attached a “No Further Stay” (8503) condition…could we do something to remove this condition?I need your best advice
Rgds
Nilesh Nandan says
Hi Muneeb
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
1. The family sponsored stream usually will yield this 8503 condition, so don’t feel so bad about it.
2. You can always make an application several weeks prior to the expiration of your Visa requesting that the 8503 condition is waived. It is not easy but it is possible.
3. In order to assist you I have created a little 8503 Quizlet which will help you decide whether or not you should consider making an application for the waiver of the 8503 condition or whether you are wasting your time and money.
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan
If you can’t afford to buy me a coffee, you can still help me and others on this channel by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Usama says
Hi, I applied for a visitor visa subclass 600 (tourist) and my application is still processing. However, during the processing, I resigned from one of my jobs ( I had 3) for which I attached my employment letter and salary slips.
Moreover, I applied for a visa in another country which was unfortunately refused.
Should I update this information? or should I not edit this information because at the time of application both of these events did not happen?
Poonam says
Hi sir
I applied visitor visa for my brother and got refusal. Now I want to applied again his visitor visa with my mom and dad together. Can I apply together or not and how much chances to get visa…?
Paul says
Hi. I applied for 189/190 mid pandemic. As I was off sure I was only offered 491. I have been here in Adelaide working for 7 months now. On paper my only way to PR is to work and live regional for 3 years and then apply for 191. Since Covid has calmed down a bit, people off sure can easily get 190/189 easily now. This has left me and my wife, both very experienced in hospital professional jobs, who braved and came over mod pandemic, in a situation were I must wait 3 years to apply for PR as I am on a 491. Pre vivid, 491 was an attractive option for people who didn’t high enough immigration points, not the case for us as the cut off is 65 for 190 and we have 90 points. We are on this 491 due to the pandemic.
We both want to secure permanent jobs and can’t because on the 491 we don’t get childcare rebate so my wife can’t work as much as she wants in our skilled jobs and I have to keep risking casual work for the slightly higher payment. We want to buy a house but on the 491 we have to pay an extra 7% stand duty.
Is ther anything that you can advise we do or try? Or as far as you can see we just have to wait the full three years?
Many thanks
Nilesh Nandan says
Hi Paul
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. I feel the pain. I suspect that sticking out the three years is your best option financially.
2. In relation to your comment about the offshore applications, nothing is stopping you from making any application for skilled migration at any time subject to meeting the requirements for that Visa. Of course this will require additional cost.
3. To access the current processing times for a given visa type visit this site https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times . Remember it keeps changing.
Regards Nilesh Nandan BBus(Accy) LLB(QUT) MBA(IntBus) Immigration Lawyer | Special Counsel MyVisa® Immigration Law Advisory myvisa.com.au/about/ 1300558472
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan
Joseph John says
Hello, i have outstanding child support payments. Can this affect my visitors visa family sponsored. My wife who is living in Australia wants to sponsor me.
Greg says
The applicant is my gf of 17 months. I’m an Australian Citizen and current Victorian Policeman who will sponsor all costs. We speak on the phone daily for hours at a time.
Sub class 600 refused twice, no representation used.
She is full time employed, provided a letter from her HR Dept stating she is required back after a two week vacation to Australia.
She has no criminal history and only ever applied for these two visa’s.
First refusal stated two reasons for refusal. Proof of relationship and proof of return to Philippines.
Both were covered in subsequent application further with myself stating intend to marry in the future and would never be involved in any action to jeopardise that.
Affidavit of invite including all costs to be covered provided.
I offered to pay bond. I provided payslips, bank account etc.
I was shocked with the refusal on first occasion let alone second.
We proved relationship with calls and messages throughout entire relationship.
I’m frustrated to say the least.
Can you offer advice please
Regards
Greg
Dika Biru says
Hi Nilesh,
My husband applied for a visitor’s visa who is sponsored by the family in Australia received a notice of refusal visa mainly because he is unemployed currently. His aunt has sent an appeal email to Immigration officer with supporting documents from myself who is his spouse as I am supporting him during his unemployment at the moment with my payslips and bank statements which i didn’t include at the first place when he application was lodged.
Do you think this is sufficient for the Immigration officer to reconsider the application as we appeal?
Grateful for your advise.
Al Hajri Sulei says
Hi Sir,
My daughter applied a Subclass visa 600, joint her son 2 years old,
She was Garant a Visitor Visa and her son was refused due to don’t understand need to attached a certifay authorization letter from the both parents.
My question can apply a new visa with all documents required?
Asees says
Hi Nilesh,
My mum’s visitor visa application got rejected in 2013 on the grounds of her apparently not being a genuine temporary entrant. My mum, dad and sister who are all in India applied together again in 2018 only to be refused on the same grounds. This time in 2022 they had an even stronger financial record and their group application got refused on the same grounds yet again plus it says that we can’t even get it reviewed. I am an international student studying in Australia. None of us have any idea on what basis they keep rejecting it and how to move forward. Any suggestions would be appreciated.
Thanks,
Asees
Linda says
Hi. I’m a Malaysian and i’ve applied for Tourist Visa. And today i got email from them about refusal of my application. It said , they are not satisfied with my personal circumstances are such that i have sufficient incentive to return to my country of residence at the end of any stay in Australia.
I didn’t really understand their reason. Does that mean i don’t have enough of money to return to my country? And what should i do next? Should i apply for new application thru ETA apps? And what should i’m improve at for my documents support?
Thanks you
Cat Smith says
I just got refused my 408 visa with the reason I did not provide a police check. However, I obtained a police check and uploaded it as soon as I received it. Now when I go into my account the document is not there. I don’t know what to do. A mistake has been made somewhere, perhaps I didn’t upload correctly. But I have the certificate. I have been logging in to check my status for months. Is it worth appealing?
Agape says
Hi,
Is it correct that an Immigration Agent who provided student visa application assistance has no liability in case of failure to obtain a favourable assessment by any relevant assessing authority?
This is indicated in the Agreement (document) from the Immigration Agent.
Thank you.
Peter Grouse says
Hi Nelish,
My partner who is Russian wishes to visit me in Sydney on a visa subclass 600 (I am Australian citizen). She currently lives in Bali; Indonesia.
During her application which I helped her, she forgot to initially mention she had a visa for the USA refused to do failing the interview they require.
We put in a notice to correct this error as the application is still in ‘received’ category.
Is this sufficient enough to correct the error and satisfy the CO and not impact the application. Will this lead to any adverse consequences (visa denied, refused or even worse a 3 year ban!).
Kind regards
Nilesh Nandan says
Peter
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Brilliant that you have identified the error and correct the error before the error has been raised with you by the case officer. I do not see any adverse consequences given that you have acted so diligently. Good luck with the application and don’t stress!
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Anuj says
Hi Nilesh,
Thank you for writing such an informational article.
I have a problem with my visa and I am wondering if you can give me some guidance in regards to my issue.
I have applied for visa subclass 461(onshore) last year as my old visa (Subclass 461- My wife is Newzealand citizen living with me in Australia along with my 2 Australian-born children, 1 is an Australian citizen and after he turned 10 years old) was about to expire. After more than 1 year my visa is being processed and the case officer has asked me to provide the statements for the last 5 years from my health insurer (My visa condition is to maintain my health insurance). Problem is that I have not fully complied with the health insurance condition and I have only kept my insurance on and off for the last 5 years ,it lapsed a few times so i want covered for a long time.
Will you please be able to guide me in regards to what are the chances of my visa refusal? I have maintained the health insurance for last 1 year.
Thank you Nelish. Looking forward to your reply.
Priscilla says
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.
Nilesh Nandan says
This is a great question.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
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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Dhriti says
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
Nilesh Nandan says
Hi Dhriti
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
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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Morshed Foraezee says
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?
Nilesh Nandan says
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
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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mifrah says
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 ?
Nilesh Nandan says
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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Nilesh Nandan
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Immigration Lawyer | Special Counsel
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Kaiman says
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
Nilesh Nandan says
Kaiman
This is a great question.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
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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Sam says
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
Nilesh Nandan says
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.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
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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sandeep Kaur says
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???
Ese Benjamin I says
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.
Lui says
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 ?
Iskandar says
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
Sovit Pudasaini says
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?
Jay Patel says
Hi I got 491 nomination and applied visa but i found that i made some mistakes in eoi.
In Overseas bachelor’s education claimed 15 points i put bit different dates in completion.
Actual date in transcript : 03/07/2014
I put : 30/07/2014
Whereas in My ACS skills assessment based on overseas experience they assesed that i completed AQF level Bachelor’s of Computing in April -2014.( Which is last semester exam month)
I claimed 15 points of bachelor’s from skills assessment.will it cause any issues in visa?
Thanks
Anthony Gonsalves says
Hello sir,i made an australian student visa application(offshore) and got a refusal.
Can i make an appeal?
The reasons i was refused are:
1) Did not provide any documentary evidence to support my claims(Degree+Transcript/US visa(Transit)/One working reference letter)
But my agent said he clearly uploaded them and the case officer didn’t bother to look at them.
2)Did not utilize their degree + GTE(The course i’m going to study in australia is different from the field i studied in my degree.In my SOP i mentioned clearly i utilized my degree but was unsuccessful and explained logically and plausibly why im choosing to study in different field and wrote how this will benefit me and also about my career path upon returning to my homecountry
3)Personal/Financial ties(The case officer gave some weight on family ties) and(I explained clearly in my SOP how my course will help me to gain jobs after my return to my homecountry)
4)Immigration History ( I went to Australia on tourist visa for 10 days about 4 years ago and didn’t overstay) and (I also worked as cruiseship crew member(first time) for nearly 3 months.)The US Transit Visa is still valid and will expire next year.
Nilesh Nandan says
Hi
Thank you for sharing this with me. Unfortunately it doesn’t matter what decision reasons are if you make an application for this type of Visa (subclass 500 Student visa) When you are overseas and it has refused when you’re overseas, there are no appeal rights.
The solution is to lodge a fresh application addressing the concerns that were raised in the decision record you have been provided with already. Unfortunately this will require the payment of an additional or new Visa application charge.
If you are concerned about the reasons and worried about a further second Refusal then please contact me and I will arrange a quotation for representing you in relation to your next application.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
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Yordanis Adella W says
Dear sir,
I have a complex problem in my sc482 visa application. Which is the department issued a Natural Justice s57 (Take a look the NJL I attached).
I didn’t know the IELTS was a fake document. At that time, I got a IELTS document by looking for a cheap price and I didn’t know it was fake IELTS until I received this NJL. Do you know how to response to this letter properly and satisfy the case officer so I can get a positive outcome? What kind of evidence do I need to provide?
Any advice would be much appreciated.
Thank you very much and have a nice day.
Regards,
Yordanis Adella Wijaya
Nilesh Nandan says
You have a big credibility issue here as there is likely to be an adverse inference … that you were fully aware of the illegitimate nature of the document you were providing.
You will need to get some advice at the earliest opportunity before you respond.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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Gagan says
Hi Nilesh, My brother applied for visitor and received sec57 natural justice notice. If we withdraw application now, would it have an impact on future applications?
Thanks
Gagan
Vivian L Munoz says
Hi Nilesh,
I applied for my in-laws sponsor visa 600, it was rejected as my husband should be the sponsor not me. The letter does not specify a period to apply again. Should I start a fresh application being my husband the sponsor? Can the refusal affect future visas?
Thank you
Bhupinder singh says
Hello sir I applied protection visa more than month ago but not received bridging visa yet. Is bridging visa take time to grant.
Masha says
Dear Sir, both my sister and I are living in Australia under bridging visa 010(student visa) and student visa. My parents applied visitor visa and today we got a refusal visa for them stating below reasons. They have already visited us 2-3 times between 2017 and 2019 without breaching any visa condition. This is the first time we applied visitor visa for them after my sister arrived as an international student to Australia.
Mom’s refusal reasons – According to the information provided in your application you are unemployed and have no strong employment commitment, which would encourage your return from Australia. You have also shown limited evidence of any other strong financial commitments in Sri Lanka that would represent a significant incentive for you to return to Sri Lanka.
I note that you have limited immediate family ties in Sri Lanka and I am not satisfied that your other commitments in Sri Lanka are sufficiently strong to overcome my concerns as discussed above.
Father’s reasons – Before a visa can be issued, applicants must demonstrate strong financial, employment and/ or personal ties which would demonstrate their incentive to abide by the conditions of that visa, and depart Australia at the end of their authorised temporary stay. I am not satisfied that the applicant has provided sufficient evidence to demonstrate such ties.
What are our options to get a positive outcome for our parents? Can I apply another visa to get a positive outcome? Or at least either for mom or dad?
Anupama says
Hi Sir, . We are invited to apply for the 491 visa in Canberra city on 19th April 2022. My husband is the primary applicant. While submitting application for approval matrix we had 85 points my husband age was 32. Now (13 Jun 2022)we are applying for visa my husband age is 33. Will there be rejection of visa if we apply. Please guide us.
Nilesh Nandan says
I would apply.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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S.K.Sahni says
I am from India. I have submitted my visa application in a group of four ie Myself, My wife, my son, and my daughter. I have attached 78 documents in my submitted Australia tourist visa subclass 6oo family sponsor stream. This is due to uploading the correct passport. What should I do now? What will be the consequences? Please guide me.
S.K.Sahni says
I have submitted my visa application in a group of four ie Myself, My wife, my son, and my daughter. I have attached 78 documents in my submitted Australia tourist visa subclass 6oo family sponsor stream. This is due to uploading the correct passport. What should I do now? Please guide me.
Nivash says
I have applied for 190 visa Dec 2020. My husband has a CRO ( Domestic violence without conviction) which ended in Jan 2022. This info was stated on the visa application and now the application is sitting with VACCU since 2021. How long do they take to process applications? Is there anything I can do to speed up the processing? I am a Registered Nurse and have been given a generic email response when I enquire abt my visa processing. You advice is appreciated. Thk you.
Lina says
Hi Nilesh,
My visa -Visitor (class FA) Visitor (Tourist) (subclass 600) is refused due to insufficient evidence for genuine stay.
Can I make an appeal or is appeal available only for family sponsored visitor visa? I have a sister living in Australia, can she apply on my behalf? My refusal letter states sponsor can ask for a merits review.
Or lodging a fresh application with more supporting documents is better?
Appreciate your advice!
Jawwad Hussain says
Sir do we get chance to appeal or comeback to Aus if we are overseas on BVB and get refusal ?
karandeep singh says
Hello Sir
We have got 491 visa , my question: Do we need to undergo health examination again while applying for 191 visa after 3 years?
My son was once refused for 485 visa for mild autism but was cleared by MO for 491 visa last year
Imran says
Hi Karandeep
Yes at the time of PR from 491 to 191, health examinations will be assessed again, what is age of your son, when you got visa on 491?. I am also in the same boat, so asking you the question.
Seamus says
Hello Sir,
If my onshore partner visa application is refused when I am overseas visiting Canda (BVB) would I still be able to return to Australia to lodge my appeal?
If not, would my Australian partner be able to lodge the appeal on my behalf? If so, would I be able to then enter Australia?
Yogesh says
Sir , I got S57 Natural justice on 11 may , my admission didn’t find by Australia ambessy because my COE is cancelled by collage . On 12 may, i uploaded new COE of same college . Is it impact on my visa chance . And in how many days I can expect my result . ( Applied for MBA , IELTS 6.5 overall , 10 LAKH INR+ income of family ) . ANY chance of interview .
Nilesh Nandan says
This is an impossible question to answerb without knowing about the circumstances in detail.
You’ll definitely need a clear convincing explanation as to want the COE (confirmation of enrolment) was cancelled.
CoE cancellation is common and can occur for a number of legitimate reasons.
Regards
Nilesh Nandan
Immigration Lawyer | Special Counsel
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Alice Chan says
Dear Nilesh
Subject : Visa 186 rejected, waiting for appeal hearing
I am from Hong Kong holding Bachelor degree from University of Western Ontario.
I have been working in Sydney since Dec 2017 on employer sponsor visa 186, of which my application was unfortunately rejected by Immigration Department with refusal reason of not meeting a subclass requirement.
I am now holding a bridging visa waiting for hearing in coming 2 weeks of time.
In case the appeal outcome is NOT in favour of me, I have the following questions :
1. Can I apply for a Tourist Visa onshore?
2. Can a new employer sponsor me visa 186 for another job type?
3. Can I apply onshore for a Student Visa that would entitle me to stay in Australia for five years as I am holding a HKSAR passport and BNO as well?
Your kind advice at your earliest convenience will be much appreciated.
Nilesh Nandan says
Hi Alice
Unfortunately you are subject to what is known as section 48 problem.
Do you have a refusal and you are the holder of a bridging visa as you are now, there are only limited things you can do whilst you are here in Australia.
Is the decision of the AAT is to affirm the negative decision of the DHA then you will have an opportunity to seek ministerial intervention or to make application for Federal Circuit Court review of the decision of the AAT, if the decision is infected with some legal error.
Is important to remember that making an application for ministerial intervention is likely to fail and you’ll be granted a bridging visa E class.
If you make an application to the Federal circuit Court then you will be granted a bridging visa of the same class you currently hold now which I expect would be a bridging visa A or a bridging visa B.
This video I explained in detail the section 48 problem.
https://youtu.be/z4FuXZtc-pk
What you should understand is that now there is an opportunity as the holder of a bridging visa A or a bridging visa B, to make an application for a subclass 491 or subclass 494 or subclass 190 provided you are invited. You’ll need to act quickly.
You can book in here to discuss more about your case: https://myvisa.com.au/10-minute-chat/
Regards
Nilesh Nandan
Immigration Lawyer | Special Counsel
MyVisa®
Sienna says
Good Morning Sir,
The case officer request to provide documents for visa 820 (onshore)in 28 days. However We mistakenly counted 28 days start from the next day we received email instead of the same day. Therefore all documents were submitted via immi account on the 29th day during 12 to 2 am in the morning, which means it was late for one or two hour.
How likely it may get refusal in this case?
Is they it working to write to case officer to get sympathy before visa get refusal? Or just wait the result come out?
Have no substantial visa at the moment, only bridging visa A.
It will be very appreciated if suggestions can be given.
Thank you.
Nilesh Nandan says
Hi Sienna
Don’t worry!
The case officer is required by law to consider all of the material do you have uploaded in these particular circumstances.
Of course it wouldn’t have been cleaner to have sent the material within the stipulated time period but the practical effect of what has happened here is that your application will still be considered on it’s merits including with due consideration being given to the additional material uploaded on the 29th today.
Hope this helps. You can book in here: https://myvisa.com.au/10-minute-chat/
*In the interest of a speedy response I often use voice-to-text software.
Please ignore any typographical or format errors. Call if unclear.
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Immigration Lawyer | Special Counsel
MyVisa®
Sienna says
Good Morning Sir,
The case officer request to provide documents for visa 820 (onshore)in 28 days. However We mistakenly counted 28 days start from the next day we received email instead of the same day. Therefore all documents were submitted via immi account on the 29th day during 12am to 2am in the morning, which means it was late for one or two hour.
How likely it may get refusal in this case?
Is it working to write to case officer to get sympathy before visa get refusal? Or just wait the result come out?
Have no substantial visa at the moment, only bridging visa A.
It will be very appreciated if suggestions can be given.
Thank you.
Muhammad Arsel Habib says
Hi,
Sir I have applied for my student visa extension for the first time. And I got Natural Justice (S57) from Immigration because I had no COE for 9 months and I came on Bachelors Visa. Although I have Graduate Diploma COE but they said you didn’t maintain your AQF level which was 7. And no it’s been 8 months I have replied the Natural Justice but no reply on my file yet. So is it safe for me to get Bridging B and travel oversea or wait until the final decision is made on my application.
Thanks
Nilesh Nandan says
Hi
It’s unclear whether or not you have completed your bachelors and establish some credibility in terms of being a genuine temporary entrant given the information you’ve provided to me above.
It is not uncommon for people from the subcontinent to complete a bachelor degree in their home country and then requested to come to study another bachelors level degree in Australia. If you fall within this category and have not completed the bachelors program in Australia and yet proceeded to apply for a graduate diploma based on your study in the subcontinent, I think this may be problematic for any Case Officer assessing whether you are a genuine temporary entrance in respect of your proposed new study and associated Visa application.
In the circumstances there is a real risk that you will suffer a refusal and if so you really need to be in Australia at that time so that an application for review can be validly made. It would be harsh for a decision-maker to grant a Bridging Visa “B” Class (Subclass 020) and then move to refuse your student Visa application whilst you’re offshore. But certainly stranger and harsher things do happen with the Department.
Muhammad, the short answer is you should wait onshore here in Australia until you have a decision on your application.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Danielle says
Hi Sir,
My student visa was refused and then it was remited by tribunal. So now I am going to apply for a covid visa and when they asked me if you have any previous visa refusal. What should I say yes or No?
Nilesh Nandan says
Hi Danielle
I would assume that after remittal of the application for review (send it back to the Department) the Department has then proceeded to grant your Student Visa. I will also assume that you will then seek to lodge a Subclass 408 Covid-19 Visa.
To be sure I would answer the question “yes I have been refused”. However I would then proceed to explain that the refusal was challenged at the tribunal and the department reconsidered the case in accordance with law, as directed by the tribunal and approved the application.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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CARLOS VIVES says
Hi there!
I have a question. What happens if you are inadmissible for get in into the United states…. is this fact also get involve when you apply for an Australian visa, like the permanetly reseideny??
Does these countries share information at the time you want to migrate to Australia?
thanks in advance for any help
Nilesh Nandan says
You’ll definitely be asked whether or not you have been refused any Visa for Australia or any Visa for any other country including the United States as you have indicated above.
After you have confirmed that you have been refused then you also be asked to provide details.
Most developed countries will share information with each other and certainly expect Australia to share information with US authorities in relation to Visa applications made and refused.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
rajesh karra says
EOI- 90 points (single) EOI date-March 13 2020 subclass-189 Visa lodged, date: 23/4/2020 Marriage date: 4/7/2021 CO contact 1- Feb8th 2022 Refusal email from CO: 27th April 2022. Offshore applicant. My refusal letter has no Review rights and states as follows ” The applicant did not satisfy the provisions of the Migration Regulations 1994.
The attached decision record provides detailed information about this decision as it applies to this applicant.” reason for rejection is by section 6D and loosing 10 points for getting married. can we appeal to higher authorities
Nilesh Nandan says
Rajesh
This is a great question. Unfortunately the Australian government does not make a very easy for offshore Visa applicants without any sponsor in Australia to make any appeals in relation to offshore unsponsored applications.
It is to technically possible to make a judicial review application into a court based on a jurisdictional error however this process is extremely expensive and it is unclear whether any error in the legal sense is able to be successfully argued, given the information you have provided to me.
You should firstly investigate with not you can make a fresh application for an expression of interest in order to secure a fresh invitation for making a further fresh application for a skilled migration Visa.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Rupak Shrestha says
Hello Sir,
My visa got refused on 2015. I don’t have copy of rejection letter. How do I get the copy of my rejection letter. Requesting for your guidance.
Thanks
Nilesh Nandan says
Rupak
You are entitled to receive information about prior decisions made in relation to these applications.
It is very good that you are doing this as when you make your next visa application the department officer is likely to look at the previous application and it’s refusal when deciding whether or not information contained in the new application should be relied upon or whether there is some inconsistent evidence which made them form the basis for a another refusal.
Go to this web page on the department’s website to request information you need.
https://www.homeaffairs.gov.au/foi/access-and-accountability/freedom-of-information/access-to-information/how-to-make-a-request
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Immigration Lawyer | Special Counsel
MyVisa®
Joti says
Hi my tourist visa was recently refused. It was related to my job and I will not be returning back to my country my mistake is that I should have submitted all supporting documents like I am a director of a business and owner of a online retail business should I reapply and submit more documents
Nilesh Nandan says
Your visa was refused because you failed the genuine temporary entrant requirement. Essentially this means that the Department thinks that you will overstay your visa and not go back to your home country.
All you can do in the circumstances is to make a new application providing more detailed information and addressing this issue or concern that the department case officer had.
There is nothing stopping you from replying straight away.
Be careful that material you provide does not complete with any material previously provided how’s your new application will be compared with the old application.
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Karl says
Hi, I arrived Sydney last month to find out that I wasn’t fully vaccinated by Australian laws and they sent me back to my home country to get vaccinated and told I can apply for the same 2nd year Working Holiday visa again and now I have taken care of the vaccination problem I cannot apply for the visa because of the error in immiaccount and need help.
Nilesh Nandan says
You can book in here: https://myvisa.com.au/10-minute-chat/
Regards
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Immigration Lawyer | Special Counsel
MyVisa®
Beatriz says
Hi Nilesh.
Thank you for such a comprehensive article. It was super informative. Looking to get your expert advice regarding the matter below:
Not sure if I should apply for the tourist visa 600 or 600 family sponsored
Details:
– I am a Permanent Resident. Have full time work (+90k).
– I don’t have children
– Mum is in Venezuela
– She is retired. She takes care of my sisters’ children and helps them as well. She has assets and she has travelled to different countries. We (her 3 daugthers pay for her expenses since she retired).
– I applied for tourists visa for her in 2017 and 2019 and they were rejected (clause 600.211).
2017 rejection summary (did not demonstrate enough docs that she was a genuine visitor – did not attach assets – It was my fault as I did not attach enough docs)
2019 rejection summary (Besides attaching all docs that she was a genuine visitor and they agreed she was, there was political and social issues in Venezuela and for that reason they rejected her as the country was unstable.)
Back then I was a student, now me and my husband have full time jobs (+220k combine) so We will pay/sponsor for all her expenses.
So the question is, which visa do you recomend me to apply for and how can I overcome the previous rejections and have a sucessfull visa (eg)?
Thank you in advance, really appreciate all recomendations.
Simran says
Sir I have Lost my refusal letter from Australia.
Even I have nothing about my application
Even no emial
Plz help me I want to reapply for Australia
Thilin says
Hi mr nilesh my 485 visa refused last month and already lodge a AAT review.refusal reason is not providing the afp check.485.216.pic 4001.before the refusal the department has requested afp check but our migration agent did not inform it till the refusal.fortunately we have applied for afp check immediately 2 days before the application date.and now we submitted all afp checks to AAT.and I changed my address 3 months before but failed to update it to department till the refusal.now I updated new address in immi account.my question
Can we win the AAT case?
As we not informed the address change will that be a further problem?
Pat says
Hi Mr Nilesh my 485 visa refused on 10th December 2021 and we already lodge review at AAT.the refusal reason is not attached the AFP check.485.216 pic 4001.before the refusal the department has sent a letter to my migration agent to send the afp check within 28 days.but till the refusal he did not inform to us about the department request.fortunately we applied for afp check immediately 2 days before the application date.now we submitted all afp checks to AAT.and we change the address three months ago but was failed to inform about the new address to department till the refusal.now we already updated in immi account the new address.my questions
Can we win the AAT appeal?
As we failed to update the department about address changes before the refusal will that be a problem?
Rutvij says
Hi Sir,
I would like to add my subsequent entrant on my 485 visa.
We are not married yet but need to plan our marriage accordingly. The concern is the refused tourist visa for Australia of my partner
The first tourist visa was granted In March 2020 and expired in March 2021. Reapplication for a tourist visa was refused in March 2021. The clause not meet 600.212 GTE.
I would like to know the chances of 485 subsequent entrant approval.
Warm regards
Ashrim Uduak says
1.Application for 489 visa lodged May 2017
2.Request for more information received May 2017. Responded accordingly
3.Natural Justice letter following employment verification on Sept 2017. Responded accordingly.
4. Request for more info received feb 2020 related to natural justice response of sep 2017. Responded accordingly
5 Request for more info received Nov 2021 related to academic qualification entirely different from natural justice query. Responded accordingly.
What do you think is their line of thought on this case after nearly 5years of initial application from your experience? Are they digging more dirt? Why can’t the application be refused instead of leaving this application undecided? What’s your take?
Shafqat ali says
Hi Nilesh,
My temporary graduate 485 visa was refused because of Englsih test result was given 2 days after submission of application but test was booked before application submission.
AAT apeal was lost aswell. Now my case is in FCC awaiting for my hearing . I’d travelled overseas on Bridging B visa for 12 months unfortunately its expiring and i will be stuck here .
So my question is can i apply same visa again if i am offshore . And what other options i have if i am offshore.
And how to return if Bridging B expires.
Thanks
Nilesh Nandan says
The first issue is whether or not you have prospects for success in relation to your fcc application.
The second issue is whether or not the tribunal has jurisdiction to deal with your matter if you are not in Australia at the relevant times, even if you are successful at the fcc in having the position of the earlier tribunal quashed.
The third issue is that of you getting back into Australia if the bvb is expired.
These are all complex issues. If you would like to discuss my response to each of these in your circumstances and please contact me.
Book a consult with me here. https://myvisa.com.au/consultation Regards, Nilesh Nandan Special Counsel – Immigration MyVisa® Australia
Usman Sajid says
Hy Sir ,How are you ! Hope you fine ,
I lodged my application on 23 March 2021 and on 7 sep Australia embassy give me a justice letter about bogus document .But my documents is not bogus So i gonna attested from IBCC and Foreign Affairs and upload on my immigration account,l.
On 4 oct my case officer conduct a Interview .
And on7-dec-2021 he refused my application due to bogus document of class 12 .is i appeal in court if i m outside australia .
Whats the process
Nilesh Nandan says
It’s not clear what APPLICATION you have made. Can I assume that it is a temporary student Visa or a temporary Visitor Visa.
Unfortunately you may not have any appeal rights in relation to refusal of any of these types of applications if you are offshore.
You should always also be aware that the consequences of providing the Department of immigration also misleading if nation or a bogus document in respect of an application will mean that a ban of three years for the grant to you of any further applications for entry to Australia.
Amr says
Thank you for the great information. If i may ask a question, my visa was recently refused due to technicality. Now, I am on a Bridging Visa A but my previous visa expired already. My employer is willing to sponsor me. Am I allowed to lodge the application while I am still in Australia?
Thanks a lot.
Bhavesh Shah says
Hello,
I got s57 invitation for my 3.5 year old son to comment on Health Waiver where significant cost identified by BUPA is 440k AUD for special aid post grant.
Since I am offshore and my work 457 is expired. I would like submit response what all options are available with me to travel to Australia for specialist assessment to submit the response back o CMO.
Prakash says
Hello Sir,
I received an invitation from the Orana region, NSW for 491 with 75 points claimed. I lodged the application by myself and got the bridging visa in June 2021. However, only when the Department of Home Affairs asked for the evidence for my Australian study, I realized that I had claimed extra 5 points without having a proper understanding. I responded that I have claimed by misunderstanding, and to add 5 points I claimed, I uploaded my wife’s recent PTE academic result. Do you think my visa will be refused? Is there anything I can do to avoid visa refusal?
Kindly advice. Thank you.
Diego Aranda says
Hello
I applied in 2017 for a 457 Visa which was refused due problems with the nomination. At that time my current solicitor encourage me to appeal to the AAT. We did so, at that time the time frame for reviews was 6-12months. 4 years passed before hearing from the AAT, the decisione was withhold since at some point of those years, the company I applied for, chagned their ABN (so different company techinally), so there wer no grounds for applying. After long wait I left Australia and went NZ for a trip, then decide to undertake a course there. NZ refuse my student visa there (in my believe very unflexible ) since they didnt consider me a genuine student despite the evidence I showed. Finally I am back at my home country. But a big oportunity to undertake a masters in Univeristy of Queensland (with full shcolarship) in 2023 has come to me. I am worried that tue my current record, another visa refusal may be in way, even before applying.
Any advise?
Lukas says
Hi Nilesh,
My case is probably a bit unusual.
Being on a bridging visa since almost 8 months is the only thing that prevents me from applying for my 3rd year 417 visa before I turn 31 years old and loosing my eligibility (German).
Now I was wondering if I could apply by ticking the box for 2nd 417 visa granted but stating my bridging visa ID and leave a comment about my situation in the attachments.
And in case of a refusal… is there a chance to win the appeal? And what would be the consequence for a refusal in regards to future applications?
Thank you so much for reading
Best regards,
Lukas
Cris Pascual says
Good day and thankyou for the comprehensive and informative article.
May I please request your insight on the situation state below;
I sponsor my daughter (23 years old) for onshore child visa whilst they are on visitor visa and studying in TAFE.
The DOHA had sent her a notice of refusal for visa application due to the reason that she did not continue her studies after 18 years of age, she enrolled for two and half years in a university after secondary education but had time off due to mental health issue and was not studying for 54 months including the pandemic period March 2020 until Jul 2021 where she decided to enroll for course in TAFE university.
Is there a change that the DOHA decision can be overturn by AAT or she needs to apply for new visa and what type of visa she could apply?
Please advise.
Cris
Freya Lingard says
Hi,
My application for a short term 482 visa has been rejected but I have the option to appeal. It was rejected based on the grounds that I have 18mths work experience and they asked for 2 years. If I appeal, will my work experience up until the date of the tribunal be considered? Or will they only consider my experience from the time of application? I am still working with my employer and will have 2 years experience as of March 2022, so by the time of the tribunal this will be over 2 years.
Thank you.
Chase says
Post AAT, I’ve received a positive written decision to remit decision regarding Department of Home Affairs refusal for application of Child Visa 801. How long does if usually take for the Department to assess and contact me post AAT?
Nathalie says
Hi Nilesh,
Sir, We’re in BVE right now, we used to have 457 visa with the above salary threshold but the problem is Struggling to the English test to get the PR. Before it expires in 2018 we ask agent to lodge visa for us and come up with 407, then it was refused and she said she will lodge AAT so we’re waiting for the tribunal date and this year we followed her up she and she said she completely forgot our application and get shocked so she advised us to leave the country asap. Now home affairs had contacted us and asked us why we lt ourselves become unlawful. They said we have No record or application has been filed to immigration since we deal with the agent. The main applicant has been here for 14 years and that’s why his boss was devastated when they found out as they heavily relied on him in the company. Please advise, I’m taking chances before we completely leave the country
Regards and more power!
Harry says
I’m applying for a student visa in Australia for study in 2022. I had a USA tourist visa refused in 2017 [under section 214(b)].
1) Does that affect my prospects of getting a student visa in Australia ?
2) Do I need to include that visitor visa refusal in my GTE statement OR can I skip it ?
What effect will either of those have on my student visa application ?
3) If I include that in my GTE statement, do I need to give any explanation on my behalf about why I had applied the tourist visa ?
4) If I do not provide information about the USA visitor visa refusal in my GTE statement OR my visa application, will the Australian visa authorities know about it ? If they do, will that hurt my student visa chances ?
bharath namani says
Hello Sir,
This is Bharath. I recently applied for temporary residence and was rejected because I have uploaded a wrong file instead of the actual one. I am totally eligible and have all documents required. I know i have to apply to AAT. I am worried what could be the outcome be. Could you please tell us what could be the potential outcome.
Thanks
Brian Morley says
My partner’s application for an 820 visa was refused due to failure to overcome schedule 3 restrictions. At the time of the onshore application a substantive visa was not held. My partner received a bridging visa. Also at the time I [sponsor] was obtaining medical assistance for a heart problem and we based our claim for exception on medical grounds ie my inability to travel overseas and my partner’s desire to support me during a prolonged period of treatment that required her support. Even though I was admitted to hospital several times and my adult children were unable to assist me the DHA officer stated her assistance was not required. During this period it became almost impossible for my partner to return home alone due to the covid pandemic. I supplied doctor statements and hospital discharge summaries to no avail. Finally after 27 months the visa was refused. I now am preparing to launch an appeal at the AAT would seek your opinion and advice.
Rolitha says
Hi Sir I’m Rolitha my partner agent lodge a prospective marriage visa just lodge today. We have a problem caused he never checked all the requirements we need and it takes time to get all the documents caused I’m outside Australia I’m presently in hongkong . And one of the requirements that I don’t have is devorce paper cause my Filipino ex husband we made only a mutual agreement . In 2013 that he can marriage with my consent. We didn’t get a devorce cause it drained a lot of money .in philippines. And now this is the problem cause my partner in Aussi lodge the prospective visa . What we gonna do. Can he cancel his application for the main time or can he change another application . Please give me some advice ,thank you very much
Muhammad Asad says
Hi
I just have a quick query, I just want to know that what your charges are for assistance in MRT application. My student visa extension got refused on 23 September 2021 on GTE basis. I was on bridging visa for 1.5 years. I am not after consultation, I am just curious that how much your fee is for MRT application so I can get it started as soon as possible. I will be waiting for your response.
Chris says
Hi sir, my migration agent’ mistake had my visa got refused. I was submitted my 5 years english study background for English exemption before the law changed 2 year ago. The agent submitted my application after the date law changed and didn’t notified me about this at all when the immigration ask for competent English evidence (English test). The refusal due to failed providing evidence of competent English. Does this case stand any chance when appealing to AAT? Thank you.
April says
I am writing this with regards to my sister’s current situation with her PR application.
My sister applied for skilled migrant visa (onshore) about a year ago and she received a letter of rejection today on the grounds that her onshore work experience is not compatible with the nominated occupation that she applied for. She was then deducted 5 points and is now only left with 95pts. Her current role is accounts payable (accounts clerk) and not general account, which the the nominated occupation she applied for.
We are planning on appealing to overturn the decision and hoping that her company will cooperate and provide certification and letters that her current role is part of career advancement and that they can amend her job description to say the she is doing general accounting roles. We just need some advice as to what her chances are on the appeal being approved or what is the best next step to take after the appeal. If she apply for another visa, will she really need to exit the country considering the current covid situation? Thanks
Shunil says
Hello sir!
Hope you are doing well. I am international student. I have already applied my offshore dependent visa 3 times but got rejected all time because of late update of marriage status and migration act. I am looking for genuine suggestion. And i am going to finish my study soon. And i am planning to apply my wife visa on 458 visa. Is there any chances that i could get her visa? What things i need to aware of while applying her visa. Please i will be hoping for your positive response.
Alyshia Rodriguez says
Hello,
I have been on a waiting list for AAT for a visa 462 refusal for the last year while being in Australia due to a farm employer giving me bad paperwork and advice lodging my application. Thing is I am currently 7+ months pregnant now. It is unlikely I will win my case for 462 and I am not even eligible for it anymore being pregnant. My partner is an Aussie citizen and we have been together over a year. Could I apply for a partner visa 820 onshore and withdraw my appeal?
Nilesh Nandan says
You are almost certain to lose your appeal at the AAT in the event that bad documentation was provided.
Without knowing all of the facts it is difficult to say but I would be very sceptical of any prospects for success at the AAT.
You should lodge and urgent application for a partner visa.
After you have lodged the application and obtained a bridging visa you should withdraw the application currently pending at the AAT.
Noted that it is very likely that partner visas will become the little ball complicated in the coming months due to changes announced some time ago.
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Tejinder kaur says
hi sir, i’m tejinder kaur
my student application was refused in february 2020. then i apply for review my case to AAT . in student application there was no GTE letter included by the lawyer, and this was i noticed after i applied for AAT. my case still not open at tribunal . how i have to tackle this problem? please help me.
Thank you
Nilesh Nandan says
Get a copy of your file from the Department of Immigration as well as a copy of your file from the Tribunal.
Confirm what was sent and what was not sent.
Once you’ve done this second step, provide a submission explaining the reasons why any material which was missed out was in fact missed inadvertently.
I can help with the submission.
kysley says
Hi Sir,
If a offshore student has been served with a natural justice letter to comment on the GTE information he provided on immigration history concerning visa refusal to other country where one said No instead of Yes. Then the student responded and 28 days have pased. Does this mean his student visa will be refused? what are the can be one of the consequence for his mistake? How long does it take for a natural justice case decision to be made?
Nilesh Nandan says
Hi Kysley
Refusal is likely. And a ban would apply in many cases. The application could have been withdrawn if wass from offshore. Why wasn’t it? It can be withdrawn at any time before decision.
Please book in with me using the link below if we can assist with anything else.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
Nicholas says
My partner decided to inform the Immigration Department of a relationship breakdown. We have been together for 15 months ( 10 months on a partner visa ). I still didn’t get any letter from Immigration so I am wondering what if my ex-partner change her mind and write another letter stating that she made a mistake and that she has realized that our relationship was going through a hard time for various reason and that she reacted impulsively and would like to take that back.
Cheers,
Nick
Zandra says
Hi Sir,
Our PR visa 189 application was refused and we applied for AAT last September 2018 but until now we have not receive any updates about it. Is that normal? What should we do? Do we need to update them regarding our work or our circumstance, should we contact them and ask? It’s been 3years now. Should we just wait until they will give us hearing schedule? Please advise.
Reema says
Hello sir I refused 3 times two times tourists visa and one times dependent visa. It there any chance to get a visa if I apply again. Please suggest me
Reddy says
Hi sir
Myself Indian Australia citizen Holder now. I applied offshore visa 309/100 for my wife.
I had criminal case in Australia.
Case officer of my wife request for my PCC .
Case officer said they give response as per the results of court case.
We had child born in india got his citizen by decent and 5 year Australia passport at the moment both are in india.
Myself now in Australia.
Please advise me I’d there any other visa to apply for my wife.
Just in case
Malena says
Hi Sir,
I have a question for you. I had my student visa refuse (due to very bad management of student agency Dingoos) but I had already started my course so I decided to appeal to AAT. I was recommended to keep studying and I wanted but with no working rights and after experiencing very bad lessons I though I was better off.
When I told the school my intentions to withdraw they kind of threaten me saying that if I don’t continue AAT will foward my case and they will contact me in just a couple of months (not 1 year as it is usually) and probably affirm the refusal.
Is that true or just a lie to keep me paying the course?
Thanks for your time.
Nilesh Nandan says
I’m sorry to hear of your misfortune.
Two tips I have for you.
Changing course provider with likely keep your studying and motivated.
Secondly, know that you must continue to be a genuine student and meet the GTE requirement.
I can help you the appeal. Book an appointment with me if you need my help with the AAT appeal.
Imran says
Hi Nilesh.
Thank you for such a comprehensive article. It was super informative. Looking to get your expert advice regarding the matter below:
My brother in law is considering coming to Australia for Postgrad Course work along with his wife. As he himself is financially incapable my wife (his sister) and I are willing to provide him the support. We are Australian citizens living is Sydney. We have combined family annual income of around 150K per annum pre-tax. My questions:
A. Do we need to have a certain amount of money in our bank account? Is there a minimum threshold or benchmark?
B. They will be staying with us during their course of study. And we will sponsor their food and accommodation. Is this anyway a negative for GTE?
Thanks in advance for you kind help.
Nilesh Nandan says
Dear Imran
Two things jump out at me here.
One is your nationality (and his). Expect a heightened level of scrutiny. Second is access to funds.
Nothing can be done about the first, other than being careful and diligent with all documents in your application. It’s much hard to recover after a visa refusal from your part of the world.
The second – access to funds. The department needs to consider if your brother has genuine access to funds. In order to do so they would assess his income, assets and sources of income such as funds from you.
They would take a close look at the nature of the relationship between you and your brother if you have provided financial support for another student visa applicant, any ability for you and your family to meet living costs in Australia etc.
Your brother should have genuine access to funds before and while he holds the proposed visa.
The department will assess bank accounts in his name, if lump-sum payments have been made, how long the money has been in the account and the family’s individual circumstances and finances.
The amount of funds is calculated by adding:
Your brother’s travel expenses
if your brother intends to stay in Australia for a period of 12 months or more – AUD21,041 (annual living costs)
If the duration, or the remainder, of the primary applicant’s period of study in Australia, is more than 12 months – course fees for the first 12 months of the period study in Australia;
For his wife
travel expenses; and
if the wife intends to stay in Australia for a period of 12 months or more – the annual living costs- AUD7,362 (annual living costs)
if your brother and his wife intend to stay in Australia for a period of less than 12 months – the pro rata equivalent of annual living costs, calculated by:
(a) dividing the annual amount by 365; and
(b) multiplying the resulting number by the number of days they intend to stay in Australia.
So to answer your question, you’ll need to show access to funds, to the extent calculated as above, preferably in your brother’s bank account …and if this is not possible then you’ll risk refusal but nothing stopped you trying with submissions that’s it’s readily accessible in your win account.
In response to your second question, when the department considers whether he and his wife are genuine temporary entrants (GTE), they consider your brother’s situation as a whole. They will assess your brother’s living arrangements and ties to Australia.
GTE issues include facts like the extent to which the proposed course is relevant to past or proposed future employment in his home country, expected salary and other benefits in his home country to be obtained with his qualifications from the proposed course of study and ties to his home country that support an intention to return after study is finished.
I don’t believe that living with you and your wife is an issue in so far at GTE is concerned.
Should you wish to get specific advice about your brother’s circumstances from me, your brother can book in a consultation with me here.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa®
Emerson says
Hello and thankyou for an insightful article. I was wondering if you could answer me a quick question please?
This is the situation.
I met a woman who is currently in Australia on a Bridging visa A as part of a partner visa application. A few months ago her sponsor met another woman online and has applied for her application to be revoked. She is expecting a refusal in the next few weeks and intends to make an appeal.
I am confident she has no real grounds for appeal, however that aspect is a matter for her agent. We have in the last few weeks entered a romantic relationship. It’s early days yet, however my question relates to this.
Assuming her visa is refused, and she must leave the country, will this have a negative impact on her ability to apply again if things get serious with us? And would such a refusal result in a period of ineligibility for her to enter Australia at a later time?
Thanks for your time
Nilesh Nandan says
Thank you very much for your question.
The big elephant in the room is whether or not the 820 was granted or not.
if it was refused prior to it’s been granted then or scope to something further. If there has been a refusal, you may have a problem with lodging a further application onshore.
Your circumstances are complicated and quite difficult to respond to accurately in this forum without further information as well as an interactive discussion.
Feel free to book in a call with me to discuss this matter further if you’re serious about having your partner stay with you in Australia sooner.
Nurulafidah HJ Matusin says
Hi Sir,
I have withdrawn my subclass 866 visa in late 2019 received the withdrawn application by Jan2020. At the time I was on a student visa until it expired in May 2020. Went back to my country due to COVID. I was stopped at immigration before chopping passport and asked what visa I applied and why I withdrew and I was honest about them and told them I applied due to my country not recognising LGBTQ. Then I was let go.
When I reached out my agent recently for a new visa (Partner visa – student), my agent told me that there will be a slim chance of us ever going back to Australia due to my history of this 866 visa. Now, is there any way that this could go away for our Partner visa to be successfully granted? How can I fix this issue. How can I redeem myself. Please get back to me ASAP. Thanks so much!
Nilesh Nandan says
This is a great question. Thank you for contacting me.
I don’t see this is a very big problem although certainly I can understand why it does concern you.
it is very possible for a genuine partner to be granted a partner visa after having withdrawn a protection visa application. There is no shame in coming clean and withdrawing any application before the department if that visa application does not have merit.
Unless you suffer a ban because you have provided false or misleading information, there is every likelihood that you will indeed be eligible for a partner visa ….provided you meet the usual application required to be met at the “time of application” in the first instance and the “time of decision” in the second instance.
Ramandeep kaur Hasija says
Very informative
izzayu says
Hi Sir,what should i do if my visa been refused and sent to the federal court?do i have a change to apply continue my visa?
Nilesh Nandan says
Let’s talk it through – book in a 10-minute chat to discuss with me: https://myvisa.com.au/book/
Mohpreet Kaur says
Hello Sir,
I have a question about my Aat visa application as my Aat nomination file has been refused. What are the options available for me further.
Thank you
Mohpreet Kaur
0448080608
Nilesh Nandan says
Suggest you book in a 10-minute chat to discuss with me: https://myvisa.com.au/book/
OJ says
Very useful
Joydeep says
Sir, i got student visa refusal of australia in 2015 because of choosing cookery course and i did show masters degree , i showed bsc. Degree . Actually i have done Masters in biotechnology and i got 6 bands in 2014.Then i didnt apply for it, so now can i able to apply again according with pervious file.? If No… Then please tell me another solution . My brother in law is businessman in australia , citizen there. ( can he invite me on work visa? Please sir answer me.
Nilesh Nandan says
Apologies for my slow reply. I suggest you book in a 10-minute chat to discuss with me: https://myvisa.com.au/book/
Syed Tanzeem Ul Hassan says
Hi sir my visit visa refused by bank mistake 24.12.2018 Australia embassy in pakistan my bank stetment original embassy ban me 3 year can i apply after 3 years answer me please
Nilesh Nandan says
I assumed by “mistake” you mean that there was misleading or false information provided to the department or perhaps a burgers document provided to the department.
Unless you can get a waiver, the public interest criteria 4020 has the effect that you cannot be granted another visa for a period of 3 years.
What visa are you seeking to apply for? It might be that you have grounds for seeking a waiver of the 3 year ban because the circumstances affect the interests of an Australian citizen or permanent resident.
You can book in a 10 minute chat with me to discuss the finer points of the breach.
I hope that this preliminary information does assist you.