What Are The New Options For Migrants With Visa Refusal Or Cancellation

February 25, 2022    Migration Lawyer Perth
What Are The New Options For Migrants With Visa Refusal Or Cancellation

If you have recently been refused an Australian or your Australian visa got cancelled, you might be unaware of how to migrate and settle in Australia legally. You might think, ‘can I fill out an application form for another visa? Or ‘can I appeal against the cancellation of my work, student or another Australian visa?’
In this blog, there will be some basic things discussed regarding what you could do if your visa gets cancelled or rejected by the Department of Home Affairs. It is said that visa refusals are very common in Australia.

The Reason Why Your Visa Was Refused Or Cancelled Is Important In Your Case

The circumstances of your case are important to decide whether or not you can re-apply for the visa after it was refused or cancelled. There can be different reasons for the cancellation or refusal of your visa, but most of these fall under two categories:

Non-Character-Related Refusal Or Cancellation is a common type of visa refusal or cancellation. For instance, if you mistakenly entered the wrong information in your application, your visa could be denied. If you cannot meet the criteria for a specific visa, your visa might be rejected.

In various cases, such refusal or cancellation cannot stop you from filing another visa application, but there could be some exceptions.

Character-Related Refusal Or Cancellation– this sort of visa cancellation is issued when you fail a character test, which could be a serious problem. You need to meet the character test provided by the Australian Migration Act of 1958.

This normally allows the government to refuse a visa to anyone with a wide criminal record, has committed many criminal offences or has broken Australian migration laws. It becomes more difficult for you to appeal against a refusal or cancellation based on character-related conditions.

Such visa refusals could result in you being permanently banned from Australia. It could be difficult for you to acquire a bridging visa if any decision is pending.

Take Action Immediately After Refusal, Whether You Are In Australia Or Offshore

If your visa gets cancelled and you are presently living in Australia, you might always need to apply for a bridging visa E straight away. The visa can lend you time to prepare for arrangements to leave Australia or give you time to apply for other visas.

  • The processing time for a bridging visa E is quite short as it is an emergency visa; you might be detained if you do not have any visa. No fee is required to file for this bridging visa application. A BVE could also be issued if you desire to take the visa cancellation case to the AAT; in this case, you might need migration lawyers in Perth WA, for help.
  • If you do not live in Australia, you do not have to obtain a bridging visa. But you might need to contact a migration agent to start exploring different options to file an appeal. They can also help you to fill out visa application forms.

Apply For A New Visa Or File An Appeal With The AAT

The next appropriate step would depend on why your visa was refused or denied. In a few cases, you might need to fill out a new visa application form, and that could be approved. But in other cases, the option for you might be to work with a migration agent or a migration lawyer in Perth.

If you lodge a visa application onshore or offshore with a nomination or sponsorship involved, you could file an appeal with the Department of Immigration. When you file an appeal in case of a visa cancellation on character grounds, you could get the decision revoked.

  • This usually involves sending enhanced information about your visa application to the Department of Home Affairs. After this, your application could be reviewed, and the person who reviews it could decide if your application was cancelled due to a mistake or if there are other reasons for the decision to be changed.
  • If you applied for a visa in Australia and the application was refused or cancelled, you could have an opportunity to review the visa status via tribunal. You will receive another chance to convince the authorities that you are eligible for the visa. You could file an appeal to AAT.

After this, the AAT can either favour the Department of Immigration and confirm its decision or tell you did not meet the eligibility criteria. After this, the Immigration Department will consider your application, keeping AAT in mind. This indicates your visa could be approved.

Contact A Migration Lawyers Perth

If your visa was cancelled or refused by the Department of Home Affairs, you need to obtain a bridging visa to allow you to leave the country. But if you wish to file for a new visa or have the decision revoked, you can contact some of the best migration lawyers in Perth.

They will try to figure out on what grounds your visa application was rejected. The lawyers will also decide if you need to file for a new visa or appeal the decision of the original visa.

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