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Protection visa refusal In Australia
Learn about protection visa refusals
Protection visas are granted to individuals fleeing persecution, conflict, or serious harm in their home country. Because of the stringent Australian immigration system, it is crucial to ensure that all necessary supporting documents are included with visa applications and to consult with a migration lawyer who possesses knowledge in this area. Failing to include or accurately complete the required evidence can lead to a visa refusal.
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Reasons for a protection visa refusal
Protection visas may be refused on the basis of:
- Failure to engage Australia’s protection obligations (insufficient protection claims)
- Failure to meet security requirements
- Failure to meet character requirements
- History of visa refusal
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How to address a protection visa refusal
Seeking advice from a legal professional who has experience in migration law and regulations is recommended when addressing refusals due the higher complexity and threshold of refusals. To effectively deal with such refusals, It is crucial for visa applicants to understand the circumstances surrounding their refusal and take appropriate steps to rectify the underlying issues.
Addressing a refusal is dependent on the specific circumstances of the individual, the grounds for the refusal, and the type of visa that is sought. A refusal may be subject to a review by the Administrative Review Tribunal (ART), where a tribunal member reviews the Department's decision and determines whether the refusal was the most correct decision. Subsequently, one may choose to further appeal an ART decision to the Federal Circuit Court, although this is limited to questions of law. It is crucial to emphasise that appeals are subject to strict time limits and therefore it is imperative to take prompt action upon receiving a notice of refusal.
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How to avoid a protection visa refusal
The visa application process and the waiting period for a decision can be quite lengthy and so it is important to ensure that:
- All the legal criteria for the Protection visa is met
- All necessary documents for the Protection visa are included
- An accurate and complete application is lodged
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Consequences of a protection visa refusal
Typically, a refusal implies that you cannot obtain the visa you have applied for resulting in a denial of entry into the country. If you do not successfully address a refusal, either through a successful appeal or by submitting a new application for a different visa, you may be required to return to your home country.
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Outcomes of a protection visa refusal
A favourable outcome in a visa appeal typically results in the Department of Home Affairs granting the applicant's visa. Conversely, an unsuccessful appeal at the ART may prompt consideration of an alternative avenue—the Federal Circuit Court—under restricted circumstances and specific criteria. In situations where pursuing a Federal Court appeal is not practical, visa applicants must arrange to depart Australia if they are currently within the country or refrain from entering if they are outside Australia.
Benefits of using an immigration lawyer
Australian Migration Lawyers comprises a highly skilled team well-versed in immigration law. We are experienced particularly when dealing with complex cases involving visa refusals. Our primary goal is to promote access to justice, a commitment we honor by assisting individuals who place their visa refusal issues in our hands.
- Our team at Australian Migration Lawyers is made up of Australian lawyers who possess a deep understanding of Australian migration law. This knowledge allows us to offer comprehensive support throughout the appeals process.
- Additionally, we provide guidance on a range of migration options and strategies available to you.
- As legal professionals, we bear the responsibility of ensuring that your application fully aligns with all requirements, naturally enhancing the likelihood of a favourable outcome.
- From the initial stages to the completion of your application, we are here to assist you every step of the way. This includes working closely with you to address any additional requests made by the Tribunal or Court.
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Protection 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 protection visa refusals:
What happens if I cannot return home?
If your appeal is unsuccessful, you are required to return to your home country but if this is not possible, you may be subject to immigration detention.
If my application is refused and I have members of the same family unit included in my application, will it affect them?
Unfortunately, the main applicant’s visa refusal will affect other applicants who have been included in the main applicant’s application meaning their application will also be refused.
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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