What Are My Options If My Australian Visa (Skilled Visa, Partner Visa or Working Visa) Gets Rejected?
What Are My Options If My Australian Visa Gets Rejected (For Skilled Visa, Partner Visa or Working Visa)
If an unfortunate decision has been made on your application which leads to your Australian visa getting rejected.
It does not always mean that there is nothing you can do.
You may be given the option to appeal your application to the Australian Migration Review Tribunal (MRT).
The Migration Review Tribunal (MRT) is a separate Australian Government body from the Department of Immigration & Border Protection (DIBP).
You would start your application process through the Department of Immigration & Border Protection.
The department will process your application and make a decision on your case and whether you meet the requirements for a visa.
If the Department of Immigration & Border Protection (DIBP) deems that you are not eligible for the Australian Visa you applied for, you will be notified by formal letter and you may be given the option to appeal the decision via the Migration Review Tribunal (MRT).
The Migration Review Tribunal (MRT) will review your case and study the reasons for refusal and the argument for your case very closely.
You may be given the opportunity to supply further documents and/or provide reasoning or comments on certain decisions made to justify your wishes to obtain an Australian visa.
The Migration Review Tribunal (MRT) is authorized to affirm the primary decision, vary the primary decision, set aside the primary decision and substitute a new decision or return the case to the primary decision maker for reconsideration with specific directions.
The primary decision maker is the Department of Immigration & Border Protection (DIBP).
You may be able to appeal to the Migration Review Tribunal (MRT) under the following circumstances:
If you were in Australia when you lodged your visa application and it has been refused by the DIBP
If you are in Australia and your current visa has been cancelled
If you are in Australia, your visa has been cancelled and your application to have the cancellation revoked has been refused
If you are sponsored by an Australian citizen, permanent resident or eligible New Zealand citizen who is not deemed fit to sponsor you
If you are an employer that has applied for a Standard Business Sponsorship and your application has been refused.
The Migration Review Tribunal (MRT) is unable to review:
The decision made by the DIBP to cancel a visa if the cancellation was made while the visa holder was outside of Australia.
There are very strict time timeframes for making appeals to the Migration Review Tribunal once you have received notification from the Department of Immigration & Border Protection of a decision made that does not result in your favour.
It is imperative that you carefully read the refusal or cancellation notice from the DIBP.
The notification will tell you whether your refusal or cancellation is able to be reviewed by the MRT and the time by which you need to submit your application for review.
During the investigation and hearing of your case by the MRT, you may be eligible for a certain Australian bridging visa enabling you to remain in Australia until a decision has been made on whether you are to remain in Australia, leave Australia or apply for another visa or the same visa again.
If you are still holding a substantive Australian visa, then you should be entitled to lodge another visa application during the MRT review subject to meeting the relevant eligibility requirements.
If your visa is rejected and the MRT affirms the decision although you are deemed eligible for another visa, you will be eligible to make a new application from offshore.
If you have recently had your visa application refused or are concerned your application is heading towards a refusal, you may like to contact ONE derland Consulting, a professional Migration Agent based in Perth about approaching the Migration Review Tribunal.
Our professional migration agent fee for this initial consultation and assessment is between $100- $400.00 depending on the complexity of your case.
Please note the purpose of this service is to discuss your visa refusal, and whether you will be eligible to meet the requirement for the visa which was not satisfied, and we will also assist you to make the right decision whether you should spend time and money and proceed with an appeal with MRT.
There will be separate fees and charges applied in order to assist you with the MRT application.
However, we will deduct the initial consultation fee from a fee that we charge for providing you with comprehensive assistance for the MRT application.
Depending on the complexity of your case, our MRT fees will be varied.