What to Do If Your Citizenship Application Is Refused?

The process of seeking Australian citizenship is a big milestone to most migrants. It is the culmination of years of living, working, and making contributions to life in Australia. However,

What about the situation when your citizenship application is denied?

This challenging circumstance can be overcome by being aware of the implications and what can be done under the Australian law. We will also describe why Visa Lawyers Perth could help you to make sense of the process and guarantee your rights protection.

Why Citizenship Applications Are Refused?

It is good to have a grasp of why citizenship applications are rejected before we discuss consequences of Australian Visa refusal. The Minister for Immigration (or their delegate) has to be convinced that all the eligibility criteria are satisfied by an applicant under the Australian Citizenship Act 2007 (Cth). Unless they are convinced, they will reject your application. Common reasons include:

1. Failure to satisfy the residency criteria:

To become a citizen by grant of citizenship, you must normally have resided in Australia on a valid visa during at least 4 years and in the past 12 months of your life as a permanent resident. Failure to comply with these rules of residence leads to the refusal of your application.

2. Character issues:

You have to be of good character. The Department of Home Affairs might reject your application due to a history of grave offences (or even unknown previous convictions).

3. Problems with identity verification:

The Department may refuse to accept the application in case it is not convinced that you are what you say you are – e.g., because of incongruent documents.

4. Missing procedural steps:

Neglecting a citizenship test, interview, or ceremony within the stipulated timeframes may also lead to rejection.

Consequences of a Citizenship Application Refusal –

In case your citizenship application is rejected, the Department of Home Affairs will issue you a refusal letter specifying the Australian visa rejection reasons and the amount of rights you have (or do not have) regarding the issue of appealing the decision. The notice is significant; it informs you of what legal recourse you have and what time constraints you are to comply with. The following is the usual course of action:

1. Lack of citizenship status:

In the event that your application does not go as planned, you will remain a resident (or remain on the same visa as before, if substantive), but not an Australian citizen. This has a direct impact on all the rights that come along with being a citizen, including that of an Australian passport and voting.

2. You must check review rights:

While not all decisions on refusal are reviewable, the majority are generally reviewable. Information regarding the possibility to applying for review of the refusal and the tribunal to which the matter is referred will be stated in the refusal notification. Missing the deadline could imply that you are likely to miss the chance to appeal the said decision.

3. Travel implications:

Without the provision of citizenship, a valid visa for travelling to and from Australia would still be mandatory for you. This would also hold true for permanent residents, for instance, if they were living abroad. They would also necessitate a valid Resident Return Visa.

Legal Options After a Citizenship Refusal –

The denial does not necessarily mean that your path stops. The Australian law offers a number of avenues that you can pursue.

1. Administrative Review Tribunal (ART) Merits Review

You may seek a merits review of the decision of the Department by the Administrative Review Tribunal in numerous instances. This is an independent body that reexamines the decision, taking into account all the evidence and the law.

It is important to note that there are several points about this process:

• Time limitations, often 28 days after the refusal letter is received, to appeal.
• You need to hurry, as your rights to the review will be revoked if you do not meet the deadline.
• The ART may either uphold the original decision, remand it, or refer it to the Department to be considered afresh.

This is not an automatic review, and you have to apply during the period and procedure.

2. Reapply for Citizenship Later

You can also solve those problems and file a new application, depending on the cause of the rejection. As an illustration, when it was refused because the residence requirements were not met, you might wait until you met them and reapply.

But in the event that the character issue was the reason, then it is essential to make sure that you have fully resolved these issues and then apply again.

3. Consider Ministerial Intervention or Judicial Review

Where there are special or exceptional circumstances, in rare cases, there may be Ministerial intervention, or a recourse to review on the Administrative Decisions (Judicial Review) Act 1977. These are more complicated legal directions and need expert help.

Final Thoughts

Citizenship denial may be devastating, but it does not always shut the doors. Australian law does provide avenues of appeal or reconsideration of decisions, as long as you do so promptly and know your rights.

With time to examine the reasons behind your application decline and discuss your alternatives with professional guidance at Visa Lawyers Perth, you will be able to proceed with method and purpose.