Visa Refusal Appeal

Reasons for Visa Refusal

There are many reasons due to which the Department of Home Affairs could refuse your Australian Visa application, and it is time to find out the reasons that could have caused your refusal. 

General Reasons for Visa Refusal:

There are many Visa streams or Visa subclasses under the Australian Immigration system. Some eligibility criteria are applicable on all streams, while others could be specific to your particular Visa Stream. Failing to comply with these general and Specific visa eligibility criteria could be one of the reasons for your Visa refusal.
Some common or general reasons for Visa refusal are outlined below:

• Visa refusal on the health and character grounds

1. If you are unhealthy or have some contagious disease, your visa is likely to be refused on health grounds.
2. If unfortunately, you have a criminal record, then your visa might be rejected based on Character grounds.

• • The department was not satisfied with the provided information to verify your claims in your Visa application. This is general caused due to insufficient documentation.
  • You applied for the wrong type of Visa Subclass.
  • Inability to provide the further information asked by the Department.
    After you lodge your visa thinking that you have provided sufficient information, the Department might ask for further information. If this happens, the Department will give you 28 days to do so. Be very careful with these deadlines as they may trigger the refusal.

• Providing false or conflicting information to the Department of home affairs 
  • It usually happens when you come to Australia on a student visa or any temporary visa applied by the offshore migration agent or by yourself and you did not keep a record of the past information you provided to the department. The information provided in the past application is not matching the recent application is one of the reasons for a Visa refusal.
• Submission of incomplete or false information for example; hiding information from the department.

Specific Reasons for Visa Refusal:

Specific reasons are those reasons that particularly apply to your Visa Stream. We cannot cover possible reasons for refusal for each type of Visa stream. However, we will try to explain the concept below using examples of few Visa streams.

For example:

• Subclass 485 Example:
  Not fulfilling the criteria of the particular visa, especially “At the time of Application criteria” or “At the time of Decision criteria.”

Applicants for Subclass 485 need to be very vigilant with fulfilling the requirements, especially at the time of visa application. For example, suppose you are applying for SC 485. In that case, you must provide the complete letter of your studies, English test, and adequate health insurance at the time of application and not after the application is lodged. Not providing any of these documents may result in the refusal.

• Student Visa Subclass 500 Example:

• • • The case officer is not convinced that you will be a genuine temporary entrant. The word “genuine temporary entrant” means that you were not able to convince the case officer that you will leave Australia after completing your studies.
    • You are not successful in establishing the case officer that you have strong ties with your home country.
    • No relevancy of the applied course with the current qualifications or experience.
    • Your future plans mentioned in your Statement of Purpose are not well defined which correlate with your choice of study in Australia.
    • Bogus Documents.
    • You may not be able to fulfil the financial requirements or English requirements.

• Example for Visitor Visa Refusal:

Common reasons for the visit visa for Australia are pretty much that either you are not able to convince the case officer with your strong ties with your home country or you are not able to demonstrate that you have much better financial aspects to cover your cost in Australia.

• Non-verifiable documents

The supporting documents you have provided in support of your visa application might not be verifiable from a third party. For example, if you have mentioned that you have three years of experience and your employer might not be available to verify that experience, you might get a visa refusal.

• For certain Visas, the sponsor of the applicant failed to meet the requirements.
• Mis-calculation in Points.

Natural Justice Letter from the Department Under Section 57

For some applications, the department issues a Natural Justice letter before refusing a Visa.  

You must be very careful if you have received a natural justice letter from the department. Take it as a warning sign, as the refusal of your visa application might be around the corner. 

The Department of Home Affairs of Australia issues S 57 natural justice letter if there are substantive reasons why the visa application should be refused. Do not take it easy! Along with the section 57 natural justice letter, the Department will also invite you to comment. They will give you seven days or other strict deadlines to do so. Take good care to calculate cautiously when this deadline starts and when it ends. You have to be very careful while writing the response to this natural justice letter as it may further prejudice your application.

Be very vigilant in responding to the S-57 letter!

You must be very careful in responding to this letter and comprehend all the details asked by the department. It is very worthy of taking the advice of someone who has got extensive experience in dealing with such letters as a single mistake will definitely result in the visa refusal.