Australian Visa Refusal or Cancellation Consequences

January 25, 2023    Immigrationlawyers
Australian Visa Refusal or Cancellation Consequences

At the time of applying for an Australian visa, it is important to understand the eligibility and also the documents that are required. No matter how carefully you consider the visa application, you might miss out on some important details or even put information that can be misinterpreted, which can lead to the cancellation or refusal of your visa.

In case of an Australian visa refusal, you might have to fall back on your business trip or travel plans. At times, you might not even be eligible to apply for other visas, but you can choose to appeal at the AAT or Administrative Appeals Tribunal. You can consider taking advice from a reputed lawyer who can help you in these situations. In this guide, you will learn the consequences of a visa refusal or cancellation in Australia.

What Are Some Reasons Your Visa Application May be Refused or Cancelled?

Some of the reasons why your visa application might be cancelled or refused are as follows:

  • The application form is incomplete
  • The passport is either damaged or incomplete
  • There is a lack of proof in the case of financial support
  • There is insufficient or false information
  • There is a lack of professional help
  • There is no health insurance
  • There are past criminal records
  • There has been a failure to add more information
  • The character requirement is not fulfilled.

What Are Some Consequences of Visa Cancellation or Refusal In Australia?

Visa applications in Australia are cancelled or refused depending on Section 501 of the Migration Act. As per the act, if an individual’s visa application is refused or withdrawn, they will become an unlawful citizen of Australia.
They may even be placed in immigration detention centres before they are:

  • Deported.
  • Removed from Australia.
  • Granted a visa.

According to a statistic by the Australia Department of Home Affairs, more than a thousand visa applications were cancelled, and 345 were refused from 2019 to 2020. In the year 2020 to 2021, more than 900 visa applications were cancelled, out of which more than 700 visas were refused by the delegates of Australia’s Department of Home Affairs.

As per the legislative changes to the Migration Act 1958, a new cancellation provision under Section 501 (3A) came into existence, and this provision is mandatory. It also led to a crucial rise in Australian visa cancellations which are based on character grounds. People may not be aware of many Visa refusal consequences in Australia.

Other than being detained in the country or being removed, an individual who had their visa cancelled as per Section 501 of the Migration Act cannot do the following:

They will be unable to apply for another visa while they are in Australia and can simply apply for protection or a bridging visa.

If they are removed from Australia due to the cancellation of the visa, they may not be further eligible for other visa types. Whether your visa will be accepted or not depends on whether you have criminal records or have performed specific offences.

How to Appeal for a Visa Cancellation or Refusal in Australia?

If your visa application is denied in Australia, there are steps that can help you how to appeal for a refused or rejected visa. These steps are as follows:

  • You can apply at the AAT or Administrative Appeals Tribunal.
  • If your visa application has been denied, you can choose to apply for a visa refusal appeal at AAT. You can appeal online at the AAT site or file a paper application.
  • You must send the written request within 28 days of the decision provided by the Department of Home Affairs. The time to submit an appeal is usually within seven days.
  • The appeal time may also differ based on the reasons for business visa rejection, and the type of visa applied. After the appeal application has been submitted, Australia’s immigration office will send a written decision having all the necessary information.
  • You must pay the appeal fee.

There are some applications for which you may have to pay specific money to review the appeal request. The payment has to be made before the appeal request deadline, and you can pay the money via cheques, money orders, credit cards or electronic funds transfer.

In the period from 2011 to 2012, close to 80 people were detained due to cancelled visas under Section 501. They were also removed from Australia and were not further allowed to apply for any other Australian visa.

Contact Immigration Lawyers Perth Today

If your Australian visa has been refused or you faced the Visa refusal consequences, it is time to hire a lawyer. You can associate with Immigration Lawyers in Perth who can help you properly fill out visa applications. They will ensure that you fulfil all the criteria and fill in the necessary information to avoid a visa refusal.

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