Fighting back against Cancelled or Refused Visa Applications

Posted on June 19, 2017 by admin

It is always essential to obtain advice on prospects of success if you have had a visa refused and want to access the review process through the Administrative Appeals Tribunal (AAT).

In the current climate of migration law, with policies and legislations being in a whirl of change, it may seem that lodging a successful visa application is an impossible task. Not only are the forms complicated, but the requirements are in a consistent state of flux. It is now becoming more than ever, essential to obtain professional advice when making any visa application, for fear of giving any incorrect or incomplete information. (For information on some of the problems you could face when submitting an incomplete application, see our article “Don’t be left in the Dark”.)

Other challenges may arise once an application has been refused or cancelled. It may particularly feel like there is no hope for any future applications. Indeed, it may often feel that when a visa is rejected, there is no way to fight back.  Review of a refused or cancelled visa decision has to be always carefully considered.

One kind of review possible, where your visa has been cancelled or rejected, is through invoking Schedule 3 of the Migration Regulations. Under this, a person may be able to apply for certain visas prescribed under section 48 of the Migration Act 1958. As such, even if a person has lost their visa, they may still be able to apply for a partner visa, medical treatment visa or a protection visa. Once Schedule 3 has been triggered, an applicant must show compelling and compassionate reasons as to why their application should be granted on shore, such as the presence of an Australian child or a severe medical condition of the sponsor.

In circumstances such as these, it is vital to contact a an experienced and registered migration professional, such as Immigration Solutions Lawyers, who will provide you with the best assistance to ensure that you are able to overcome a migration problem such as this.

Here at Immigration Solution Lawyers, we have a vast track record of successful cases where we have assisted a person in need to achieve their migration goals. One particular case in which we were recently successful was in the review of a refused partner visa (subclass 820/801) to the Administrative Appeals Tribunal (AAT). This was a particularly unfortunate case whereby the applicant, who was unlawful for a substantial period of time and needed to satisfy the requirements of schedule 3 of the Migration regulations, was suffering severe depression and required the support of her sponsor in Australia. To add further insult to injury, she had no family support overseas in her home country. Even though this applicant had a significant visa history in Australia, indicating a long history of unsuccessful applications, by coming to Immigration Solutions Lawyers, this particular applicant was able to successfully achieve her goals of obtaining a visa, as we were able to prove that there were compelling and compassionate reasons in existence.

For the best chance of success in any visa application in these challenging times, it is essential that every applicant chooses to obtain the assistance of a legal professional. At Immigration Solutions Lawyers, our aim is to provide expert immigration advice in an open and transparent way, allowing you to have the best opportunity for success.

For information about First Consultations with us, visit our news page.

For information about our team or how to contact us, visit our website.