Australian Visa Denial
Overcoming obstacles after an Australian Visa denial (within Australia)
Applying for a visa can be a complex and stressful process. Unfortunately, not all visa applications have positive outcomes and facing a visa refusal can be daunting. If you find yourself in this situation after applying for a visa in Australia, it is crucial to understand the steps you can take and the options available to you. In this blog post, we will explore what happens after your visa is denied, provide guidance on how to overcome the challenges that await you, and discuss the Section 48 restriction.
Understanding the reasons why Australian visas are denied
When you receive a visa refusal, the first step is to carefully review the decision letter sent by the Department of Home Affairs. This letter outlines the specific reasons for the refusal, which may vary depending on the type of visa applied for. Some common reasons for refusals include insufficient supporting documentation, non-genuine applicant, failure to meet health or character requirements, and insufficient evidence of financial capacity.
Section 48 Restriction
In addition to the reasons for visa refusal in Australia, it is important to be aware of the restriction in Section 48 of the Migration Act 1958, which can have a significant impact on your options after a visa refusal. Section 48 imposes a restriction on people who have had a visa refused while in Australia and subsequently apply for another visa while still in the country. This means that if you are subject to the Section 48 restriction, you may not be able to apply for another visa in the country.
Implications and exceptions
The Section 48 restriction means that if your visa is refused while you are in Australia, you will usually need to leave the country and apply for a new visa from outside Australia. This can pose additional challenges as it may involve separation from loved ones, disruption to work or study, and incurring additional expenses.
It is important to note that there are exceptions to the Section 48 restriction. Some circumstances where the Section 48 restriction may not apply include:
- Protection visas : If the applicant is seeking protection due to fear of persecution or other risks, they may still be able to apply for a protection visa despite the Section 48 restriction.
- Partner visas : If the person has a genuine partner relationship with an eligible Australian citizen, permanent resident or New Zealand citizen, they may be eligible to apply for a partner visa despite the Section 48 restriction.
- Child visas: If the applicant is a child and wishes to stay with their parents or eligible relatives in Australia, ensuring their well-being, stability and opportunities for a better future, they may be eligible to apply for a child visa despite the Section 48 restriction.
- Skills Visas : As of 13 November 2021, there is an exemption from the Section 48 restriction for applicants for skills visas in the subclasses: sc190, sc491 and sc494. This means that applicants subject to the Section 48 restriction may apply for sc190, sc491 and sc494 visas within the country from that date.
- Bridging Visas: In certain circumstances, an individual may be granted a bridging visa which allows them to remain legally in Australia while they make arrangements for their departure.
- Medical Treatment Visas: In cases where an individual requires urgent medical treatment, they may be able to apply for a medical treatment visa.
After understanding the reasons for the refusal, including the restrictions of Section 48, it is essential to explore the review options available. Depending on the circumstances, you may be eligible to apply for a review before the Administrative Appeals Tribunal (AAT) or request the Minister’s intervention.
Dealing with the complexities of visa denial and Section 48 restrictions can be challenging. It is recommended that you seek professional help from a registered migration agent or immigration attorney. These experts can provide guidance, assess the merits of your case, and help you navigate the review process or explore alternative visa options.
What to do if my Australian visa is denied, steps to take?
Receiving an Australian visa refusal and facing a Section 48 restriction can be a daunting experience. Understanding the reasons for the refusal, familiarizing yourself with the Section 48 restriction, seeking professional help, and exploring alternative avenues can greatly increase your chances of achieving your desired outcome. Remember to stay informed, seek support, and utilize the resources available to you. With determination and the right approach, you can overcome the challenges that arise after an Australian visa refusal, even with a Section 48 restriction.
How can we help you?
Our team of migration experts has years of experience in handling protection applications. We offer you:
- Detailed eligibility assessments.
- Assistance in preparing and submitting your application.
- Representation and support throughout the process.
- Advice on your rights and obligations in Australia.
If you need guidance on how to begin your Visa Refusal application process, contact us today for an initial consultation.
FAQs
After receiving a denial, carefully review the decision letter from the Department of Internal Affairs. This letter details the reasons for the denial, which can range from insufficient documentation to not meeting health or character requirements.
Section 48 of the Migration Act restricts applicants who have had a visa refusal while in Australia from applying for certain visas within the country, which may require leaving Australia to make a new application.
Yes, certain visas are exempt from Section 48, including:
- Protection visas for those facing persecution
- Partner visas for genuine relationships with Australian residents
- Visas for dependent children with family in Australia
- Skills visas (subclasses 190, 491, 494) for qualified applicants (exemption effective from 13 November 2021)
- Medical treatment visas for urgent health needs
You may be eligible to appeal the decision to the Administrative Appeals Tribunal (AAT) or request ministerial intervention depending on the circumstances of your case.
Uvision offers expert assistance in visa denial cases, assessing your eligibility for appeals and guiding you on the best course of action based on your situation.
