Visa Cancellations and Refusals: What You Need to Know
The complexities of visa cancellations and refusals can be overwhelming and daunting. As a leading Australian immigration lawyer, I understand the concerns and uncertainties that arise when faced with such situations. In this comprehensive guide, I aim to shed light on these issues and provide clarity to those in need.
Understanding Visa Refusals
Let’s start by deciphering what a visa refusal entails. When your visa application is refused while you’re in Australia, a Section 48 bar is applied to you under the Migration Act. This essentially means that you cannot be granted any more visas while in the country, nor can you apply for any new visas. However, there are exemptions to this rule, particularly for certain visa types such as regional skilled visas and partner visas.
If you receive a visa refusal, you have the option to appeal the decision within 21 days to the Administrative Appeals Tribunal (AAT). It’s crucial to note that each part of the application, such as the visa and nomination, may require separate appeals. Failure to lodge an appeal within the specified timeframe may result in the loss of your right to appeal in most circumstances.
Should your appeal to the AAT be unsuccessful, you’ll have 35 days from the date of the tribunal’s decision to depart Australia, assuming you’re on a bridging visa at that point. This timeline underscores the importance of seeking legal guidance promptly to explore your options and understand the implications of your situation.
Differentiating Visa Cancellations
On the other hand, visa cancellations differ significantly from refusals in terms of immediacy and urgency. A visa cancellation takes effect immediately upon notification, leaving you with no time to deliberate or plan your next steps. In such cases, it’s imperative to act swiftly to regularise your status.
If your visa is cancelled, applying for a Bridging Visa E (BVE) is essential to ensure lawful presence in Australia while you assess your options and formulate a plan. Unlike visa refusals, cancellations demand immediate attention and decisive action to mitigate the consequences of unlawful status.
Seeking Guidance and Support
Whether you’re grappling with a visa refusal, cancellation, or any other immigration-related challenge, seeking professional guidance is paramount. As experienced immigration lawyers, we specialise in navigating complex legal landscapes and providing tailored solutions to our clients’ unique circumstances.
If you find yourself in a precarious situation or receive intimidating correspondence from the Department of Home Affairs, don’t hesitate to reach out for assistance. Our team is dedicated to simplifying the migration process and guiding you towards a positive outcome.
Final Thoughts
Cancellations and refusals can pose significant obstacles on your migration journey, but they are not insurmountable. By understanding the nuances of these processes and seeking timely advice, you can effectively address challenges and navigate towards a successful resolution.
Thank you for tuning in to Diary of a Migration Lawyer. For more insights, tips, and expert guidance on migration matters, be sure to like and subscribe to our channel. We’re here to support you every step of the way.
