What should you do if you have a refusal for an Australian Partner Visa or Australian Tourist Visa?
Refusals happen! They happen regularly!
Australian Migration Law is based on Commonwealth legislation. Each visa class and visa subclass is written into the Migration Regulations (Cth) 1994. The criteria they use to decide whether to grant or refuse is written into those Regulations, and this is what they use to decide whether to grant a visa application or not. If the application shows that the applicant (and sponsor, when it’s a partner visa) meets those Regulations, then the visa is granted. If it does not? By Law they must refuse it!
So you have a refusal, and you think it’s not fair?
Firstly, ask yourself if it’s really not fair! Did you meet Maribel in a bar somewhere last week and tried to get a visa for her based on your relationship? Did you try to make it out that she was richer and more stable than she really was? Did you lie, supply false documents, or do something to pull the wool over their eyes? If this is the case, then it won’t be easy and in fact the decision was probably totally fair.
If you think it was truly unfair, then more than likely you had not presented your case very well. You should definitely contact Down Under Visa and let’s see what we can do. We salvage a lot of shattered dreams after refusals……..when your case is in fact a genuine one, that is! Be honest with us, regardless of whether you did something embarrassing before. I’m sure we’ve heard just about everything by now.
What are your options?
Approaching the Embassy and arguing your case
This is in fact NOT an option. Sending a dozen emails to the Australian Embassy, or calling the Case Officer and saying “Surely you could see……” won’t help. By Law, once they’ve made a decision they cannot overturn it. It’s not within their power. And “giving them a piece of your mind” won’t help much on any future applications.
Applying to the Administrative Affairs Tribunal (AAT) and appealing your case
This option is available to the Australian sponsor when it’s a partner visa, or when an Australian has invited an overseas applicant to visit on a tourist visa. This is an option when you believe an error of Law was made. If you feel the Case Officer has unfairly judged an application where in fact the applicant HAD met the Regulations. The Tribunal has the power to overturn the decision and instruct the Embassy to reverse it.
Thinking about it, you should be able to see two things. Firstly that chances are you can’t work this one out by yourself, and need help from a professional who understands Migration Law. Secondly, (or maybe you can’t necessarily see this) despite how annoyed you may be, the Embassy staff don’t normally make errors of Law. In most cases you simply didn’t prepare and present your case very well and they had limited information to make their decision on.
Be aware that it takes ages to have a case heard at the AAT. We have one being heard on March 2014. They’ve been waiting for 1 1/2 years!
Making another visa application
In most cases, yes, this is the best option. We do this all the time. Most of the time the reason it was refused was because you presented your case badly, and they had no choice. Many a time I read over a refusal decision, and realise that if I were the one making the decision I would have also said no! And in most cases when I ask questions about the relationship I find that it’s totally genuine. But due to a mixture of omissions and wrong inclusions, no one apart from a mind-reader could have realised.
In many situations all is definitely NOT lost. We’ve had great success in salvaging and re-presenting cases. Please let us have a look.
So please contact us. Fill out the Partner Visa Assessment Form HERE, and let us have a look. It costs nothing to get your case assessed. We will only take you on if we feel your case is sound. If not? We will tell you in no uncertain terms. We have enough legitimate business without having to take on hopeless cases.