What can you do if your girlfriend or partners Australian visa application is refused?
Every foreign national needs a visa to enter Australia. For people from most countries, even for a Tourist visa, applicants are required to fill in a detailed application and submit supporting documentation. This includes countries like Thailand, the Philippines, Vietnam and Cambodia.
Australian’s that have a girlfriend, fiancé etc. from another country will often want to bring them over to Australia for a visit, or on a permanent basis. Sometimes they will not use the services of a qualified Migration Agent to assist them with the application, andunfortunately many of these applications are refused. Evidence shows that over 70% of self prepared applications fail. This is understandable as Australian Migration law is very complicated and there is a long list of strict guidelines for each visa category. In this article I will discuss what you can do if you have applied for a Tourist visa and it has been refused.
If, for example, your girlfriend’s Tourist visa has been refused there is unfortunately no appeal allowed. All one can do is look at the decision record and try to understand the reasons for the refusal. This can often be a difficult exercise as the reasons given are often written in broad terms and do not usually go into any great or specific detail. There is no restriction to lodging a new application, but unless you are sure why the visa was refused it may be pointless to submit a new application. Furthermore, the Department of Home Affairs (DOHA) strongly recommends that applicants do not submit a new application unless their circumstances have changed from the time of their last application. This effectively means that the bar is raised when you make a second application. Their thinking being that if they did not grant a visa the first time then why would they grant a visa now when nothing has changed. This highlights the importance of getting it right the first time, or using a Migration Agent the 2nd time if you did it yourself the first time.
If we are talking about a permanent visa like a Partner visa then the situation is different. If an application is refused there is usually a right of appeal. However, unless clear error can be shown to have been made by the decision maker, the appeal almost certainly will not succeed. Decision makers are given fairly widediscretion in making their findings and as long as any decisionmade within some aspect of the application is within the guidelines, theoriginal decision may stand.
Obviously, it is far better if one never has to get to the stage of having to appeal a refused decision. It can be a time consuming and costly exercise. There is also a substantial application fee for a Partner visa, and that we why we always highlight the importance of getting the application right the first time.
A skilled and experienced Migration Agent can assist you with your visa refusal in many ways. We can look at and analyze why the visa application was refused in the first place. Maybe there was some documentation lacking, maybe the application was not structured correctly or maybe the applicant does not fit some of the selection criteria.Your Migration Agent can then advise on how to address the concerns shown by DOHA and help you to structure a new application that has a high chance of success. Migration to another country is a serious business, and time and time again the statistics show that in the long run, using a qualified Migration Agent saves time, effort, money – and most of all heartache. So while we strongly recommend coming to us in the first place, if you do decide to go it alone and then fail please contact us ASAP so we can get you back onto the right track -the track to a successful application.
Contact us at Australian Visa Advice(AVA) today.
Written by Luke Gorham ©2020
Registered Migration Agent
Owner
Australian Visa Advice
australianvisaadvice.com
info@aussievisas.net
ETA Visa Australia Express
etavisaaustralia.org
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