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Business and working visa refusal
What happens when a working visa is refused in Australia
Business and Work visas are an attractive option for those looking to conduct their business or work in Australia with many subclasses creating a direct pathway to gaining Australian citizenship. Due to the stringent Australian immigration system, it is crucial to submit all the necessary supporting documents along with visa applications and to obtain professional advice from a migration lawyer. Failure to include or properly complete required documentation may lead to a visa refusal.
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Reasons for a working or skilled visa refusal
Business visas may be refused on the basis of:
- Failure to meet the assets threshold
- Failure to meet the EOI points
- Failure to demonstrate a genuine need for a position
Working visas may be refused on both the employer’s and employee’s part namely:
- Failure to nominate an occupation from the list of eligible skilled occupations list
- Failure to satisfy labour market testing
- Failure to meet or complete a skills assessment
- Failure to meet meet health and character requirements
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How to address a working or skilled visa refusal
To address refusals effectively, it is crucial for individuals seeking entry into Australia to understand the specific grounds for the refusal and to take appropriate measures to resolve the underlying issues. Therefore, it is advised that you obtain immigration advice from a migration lawyer who is well-versed with handling visa refusals.
Addressing a refusal is dependent on the individual's unique circumstances, the reasons behind the refusal, and the type of visa the applicant is applying for. In some cases, a refusal may be subject to appeal before the Administrative Review Tribunal (ART), where a tribunal member conducts a review of the Department’s decision and assesses whether the visa refusal was the most correct and preferable decision. Subsequently, an ART decision may further be appealed to the Federal Circuit Court, but only a question of law. It's crucial to note that appeals have stringent time constraints, emphasising the need for prompt action upon receiving a visa refusal notice.
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How to avoid a working or skilled visa refusal
Applying for visa applications and awaiting for outcomes is a lengthy process and thus to avoid a visa refusal, it is important to ensure:
- All eligibility requirements for the visa being sought are met
- All relevant and supporting documentation are included in the visa application
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Consequences of a working or skilled visa refusal
Typically, a refusal implies that entry into Australia is not allowed. Failure to address a refusal adequately, either through a successful appeal or by submitting a new application for the same or a different visa, may result in the individual being unable to enter the country and potentially facing a ban from entry for a specified duration.
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Outcomes of a working or skilled visa refusal
If a visa appeal refusal is successful at the ART, the Department will likely reinstate the applicant’s visa. However, if an ART appeal is unsuccessful, the option to appeal the decision to the Federal Court exists under restricted conditions and subject to specific requirements. In cases where pursuing a Federal Court appeal is not feasible, the visa applicant must make arrangements to depart Australia if they are onshore or not enter the country if they are offshore.
Benefits of using an immigration lawyer
Australian Migration Lawyers is composed of a professional team who are skilled in immigration law. We are highly experienced in handling all types of visas, even those of intricate complexity. One of our primary aims is to provide services to facilitate access to justice, a commitment we uphold by assisting individuals who entrust us with their visa refusal matter.
- Our team at Australian Migration Lawyers comprises of Australian lawyers who possess a deep understanding of Australian laws and the Australian government to provide comprehensive assistance throughout the appeal process.
- We also offer guidance on a wide array of migration options and strategies available to you.
- As legal professionals, we bear the responsibility of ensuring that your application fully complies with all requirements, thus naturally increasing the likelihood of a favourable outcome.
- We are here to assist you in preparing your application from start to finish, including collaborating with you to address any additional requests made by the Tribunal.
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Working visa refusal costs
Our professional fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about the total costs associated with their appeal. We offer payment plans based on different financial needs to provide flexibility for our clients.
Fees in relation to Tribunal and Court appeals depend on the options available for a visa refusal in your particular circumstances.
Visa refusal process
Navigating a visa refusal can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you with the next steps.
1. Consultation and engagement
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
2. Preparation and support
We will prepare written submissions in support of your appeal. This will be based on your individual circumstances, and supported by evidence where appropriate.
3. Submission and communication
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
4. Representation and outcome
We will represent you in the AAT or in court, keep you informed about your appeal, and notify you of the outcome. If you receive an unfavourable outcome, we will talk to you about any options available to you.
Meet your Australian Migration Lawyer
We’re a diverse team of professionals with decades of combined experience. We care about your situation and will make sure you always get the support and advice you need.
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Learn moreFrequently asked questions
Read our most commonly asked questions about business visa refusals:
What should I do if my Business or Working visa is refused?
If either of your applications is refused, it is recommended that you obtain advice from a migration lawyer to guide you through the appropriate steps to take to address a refusal.
Can I apply for another Business or Working visa after a refusal?
Whether you can reapply for a visa depends on whether the previous visa was applied onshore or offshore.
About the content author
Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
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