Whenever a visa refusal is received this is always devastating news for the applicant. However, receiving a refusal for a visitor visa is always somehow even more infuriating because it’s just for a visit, right? Why would the Department refuse an applicant the chance just to visit this beautiful country, if only for a few weeks to a few months?
It turns out a lot can go wrong with these applications and understanding the common pitfalls could save you from harming your chances to apply in the future.
The truth is many people are finding it extremely difficult to obtain a visitor visa to Australia, and much of this comes down to the home country and personal circumstances of each applicant.
What is even more frustrating for applicants is that most visitor visas do not come with review rights, so if you receive a refusal for a visitor visa, quite often the only option available is to apply again.
An important factor to note is that your first application will be on the Department’s records, and unless you can provide substantial new information with your second application, it is likely the outcome will result in another refusal. It is for this reason that it is highly recommended to seek professional advice before you attempt to lodge another visitor visa application.
The Department of Home Affairs takes many things into consideration when assessing a visitor visa application, the most important are outlined below:
- The economic and political situation in your home country
- Your financial situation – do you have access to sufficient funds during your stay?
- Your personal situation – why do you want to return to your home country?
The factors mentioned above are used to assess whether or not you are a genuine visitor and help the Department to identify those applicants who may pose a risk of breaching their visa conditions, by seeking work, or overstaying their visa. Due to these considerations, it is important to not only explain the reasons why you want to visit Australia, but to also include information and evidence that demonstrate your desire to return home after your visit.
The reasons outlined below will give you some possible indications as to why your visitor visa may be refused:
- Insufficient access to funds
The Department want to see that you genuinely have access to sufficient funds to support you and any accompanying family members during your stay in Australia. This can come from your own savings, or you may be sponsored by another individual, or organisation.
If you fail to provide evidence of your access to funds, you will likely fail to meet the financial requirement, which will result in a refusal.
- No sufficient incentive to return to home country
The Department need to be satisfied that you are a genuine visitor and as such, will be returning to your home country, at the expiry of the visa.
If an applicant has extensive time periods where they are unemployed and not studying, this may demonstrate to the Department that there are insufficiently strong ties to act as an incentive to return home. The Department will likely view the applicant as being a risk of overstaying or breaching the visa conditions.
Presenting evidence of strong family ties to your home country will prove you have an incentive to return home and will improve your chances of visa approval.
- Supplying fraudulent or bogus documents with application
If you think you can get away with supplying a fraudulent, or bogus document to the Department and getting away with it – think again.
This could result in you being slapped with the Public Interest Criterion 4020 (PIC 4020).
It is important to note that every piece of information and documentation you provide will go through the Department’s integrity check, and they will use every facility available to verify each document. If you are found to have provided a fraudulent or bogus document, you will receive a refusal and will find it much more difficult to get a visa approval when applying again.
- Failed to respond to Department requests
If you receive a request to provide information or documentation to the Department, in relation to your application, it is extremely important to note the due date for responding.
If you miss this deadline and fail to respond to a request, be it a request to complete medical examinations or providing additional documentation, this means you did not provide sufficient documentation and your visa will likely be refused on this basis.
If you are unsure on how to respond to a request, the experienced team at Results Migration can guide you through the process and ensure you meet the request on time.
- Failure to meet the health requirement
Some applicants from certain countries may be requested to complete a medical examination if they have applied for a long stay in Australia, or they apply for the family visitor stream.
These types of applicants must meet certain health requirements for temporary entry to Australia. This may include medical examinations, chest x-rays and other tests conducted by specific panel doctors appointed by the Department.
The nature of the health exam required depends on the activities you plan on undertaking in Australia, including the intended length of stay and the applicant’s country of residence, prior to entering Australia. Should you fail these tests, or do not complete the medicals on time, this may be used as a reason to refuse the visa.
- Character requirement
Visitor visas are subject to a character requirement, and should the applicant fail to meet this requirement, the visa will be refused.
Common reasons for applicants failing the character tests includes having a substantial criminal record, being associated with people or groups the Department suspect of being involved in criminal activities, or if the applicant’s prior, or current criminal conduct is of concern to the Department.
The Department may also refuse a visitor visa on the grounds of character concerns if there is a high risk the applicant will be involved in criminal conduct, will vilify part of the Australian community, will incite discord in the Australian community, or represent a danger to the Australian community.
So I’ve had a refusal – what happens next?
While there are many reasons for a visitor visa to be refused, the reasons outlined above are just some of the most common pitfalls. If you have already received a refusal on your visitor visa application, there may still be some options available to you.
If you have been refused a visitor visa, but have family in Australia, you could consider applying for a family-sponsored visitor visa instead. However, this will only apply to you if you have a sufficiently close family member who is either an Australian citizen, or a settled permanent resident. It is important to note in this case that a security bond payment may be required, and this will only be refunded in full after your departure from Australia.
As mentioned above, once you have one refusal on your immigration record, it can make future applications more difficult. If you have received a visitor visa refusal and wish to discuss your options, the experienced team at Results Migration are here to offer you advice and assistance to ensure your future applications are as strong as they can be to avoid further refusals. At Results Migration we are the best in the field, with a team of immigration lawyers and registered migration agents available to guide you through this complex area of law. Call us on 1800 808 717 to book in your free consultation today!
