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Career

Australian visa application refusals

By admin 

Are you seeking assistance with Australian visa application refusals? Receiving a visa refusal decision notice for your visa application can be distressful. Generally decisions affecting visa refusals are aligned to the assessment criteria for the type of visa you have lodged. Your application and information you have provided to support your application is carefully cross checked against legislation and policy used by case officers to make decisions. One of the common reasons for visa refusals is that ‘applications are considered not genuine’. This could mean that you may have lodged the incorrect visa subclass or the visa subclass you applied for lacks sufficient information to support your claims. Providing information that is false or misleading may also result in visa refusals, or you have simply made innocent mistakes in your visa application.

Not meeting Australia’s health and character requirements often results in visa refusals. Essentially whatever the reason for your visa refusal and after you have taken time process the facts, it is extremely important to read your refusal notice accurately and pay particular attention to the next steps the Australia Department of Home Affairs has outlined in your notice. Make a list of key dates and time limits and deadlines and set reminders to keep track. Applications lodged from within Australia usually have an associated bridging visa in place that was issued and tied to your application. If you have lodged an application onshore whilst holding a substantive visa then the Bridging visa A is the visa you are likely to hold. The good news is your bridging visa will allow you to remain in Australia for the full period of the processing time of your AAT Appeal review. The visa refusal decision notice will provide you information relating to your current visa status in Australia along with next steps to take.

Whatever your decision we strongly recommend that you DO NOT ignore the refusal decision. Not acting and deciding to continue to remain in Australia will cause you to become unlawful and only add more problems to your already existing situation. The long term consequences could end up costing a fortune and even result in deportation or barring from re-entering Australia.

In fairness with most visa refusal decisions, the migration laws in Australia do provide natural justice options when it comes to visa refusals. This means that even though your visa was refused at the Department of Home Affairs Australia level, you may still have an opportunity to appeal their decision with a completely separate unbiased legislative body called the Administrative Appeals Tribunal (AAT). We strongly advise you to consult with a reputable and well experienced Australian migration lawyer to discuss your visa solutions should you wish to remain in Australia. Always ensure that the registered migration agent or migration lawyer is sufficiently experienced in dealing with complex matters and AAT appeal applications that are highly successful.

At Mygration we are able to assist you with all Australian complex visa matters relating to family visa refusals, business visa refusals, employer sponsored work visa refusals, student guardian and student visa refusals.

Our discussions are confidential with highly experienced and registered migration agents in Australia. Catherine Coleman who is our most senior migration lawyer and most experienced legal expert for complex matters welcomes questions you may have is happy to provide needed assistance. Alternatively please email us on info@mygration.com.au or call us on 07 5532 4499 for a confidential chat.

Breakdown of the program includes:

  1. 50% of the program i.e. 79,600 places have been attributed to Skilled type Visas. Skilled visas are aimed at improving productive capacity of the economy and fill skill shortages in the labour market, with a key target to regional Australia. The table below demonstrates the major difference of places allocated to this year’s skills program comparable with the 2019-2020 migration program

                       

SKILL PROGRAM2020-20212019-2020
Employer Sponsored Visas22,00030,000
Skilled Independent6,50018,652
Regional11,20023,000
​State/Territory Nominated11,20024,968
Business Innovation & Investment program13,5006,862
Global Talent15,0005,000
Distinguished Talent200200
Skill Total79,600108,682

 

  1. 2% of the program i.e. 77,300 places are allocated to Family visas which a major focus on Partner visas which will enabling Australians to reunite with family members from overseas, and provide them with pathways to citizenship
  2. 100 places have been allowed for applicants who have special circumstances under the Special EligibilityIt is to assist permanent residents returning to Australia after being away for a long period.
  3. At least 3,000 Child places will be available in 2020-21

Nominations will be made available to States and Territories in line with these considerations, in the following categories:

  • Skilled – Nominated (subclass 190)
  • Skilled Employer Sponsored Regional (Provisional) (subclass 491)
  • Business Innovation and Investment Program

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