What Are Your Options if You Are Refused?
Many of our partner visa clients come to us after they lodged it themselves, and had it refused. Some clients come to us to “review” their application before it is lodged, and we are able to highlight errors, and things that require attention. Having helped clients since 2002, we can confirm that very few self-lodged applications are up to the required standard. You should not make the mistake of assuming the process is simple, nor should you assume that the genuineness of your relationship will get you through.
- Not engaging professional assistance means that applications are often not up to the required standard and are therefore being refused.
- A refusal is a nightmare for the visa applicant.
- The rules are getting increasingly strict, and there are a host of complexities that can arise.
- The DIBP are ramping up their scrutiny of visa applications.
- The majority of self-lodged visa applications are refused.
The decision to self-lodge is often due to a desire to save money, however it costs a lot more to fix a refusal because:
- The DIBP application fee is usually forfeited (this is around $6000 alone).
- There is delay in getting the visa through, and therefore the right to work, access centrelink/medicare, the right to seek citizenship , to enjoy local university rates etc s also delayed.
- To fix it generally requires an AAT application to seek the tribunal’s help, and whilst we (www.themigrationplace.com.au) enjoy success at the AAT, it is still a costly time consuming and Stressful process.
- The national outcomes at the AAT are depressing – see table below which indicates that only 41% of partner visa applications are successful in the AAT, whilst 48% fail (so you need to get someone who is experienced!).
Why You Should Use The Migration Place
If your application is refused, then you need to seek advice from an experienced migration lawyer ASAP about seeking help from the AAT.
The Migration Place, has 14 years’ experience in this area of law, and our Principal Zeke Bentley has run matters all the way to the Full Bench of the High Court of Australia. We can usually fix a refused application by working hard on the details and evidence, and by carefully identifying the correct way to present the evidence of the genuineness of your relationship. We are used to the unique features of some relationships – e.g. arranged marriages, relationships that become serious in extremely short periods of time, or where the two partners live in separate cities due to their visa and career demands.
Basically, when an application for a partner category visa is refused, the applicant can try to prove their case by appealing the initial decision to the Administrative Appeals Tribunal (‘AAT’). In January 2016, 40% of the total cases before the AAT were for partner category visa applications and in the 6 months preceding 48% of the decisions to refuse partner category visa applications were upheld by the AAT. These figures indicate that many people are falling short of the mark in preparing their applications, both at the initial stage and on appeal, and as a result are ruining their chances to live in Australia with their partner.
In addition, the Department of Immigration and Boarder Protection’s official processing times to make a decision on a partner category visa application is currently 12-15 months. If after waiting that long period for a decision your application is refused, you may have to wait over a year for the AAT to make a decision on your appeal!
Save yourself the prolonged stress and uncertainty of having to go to appeal.
Get it right the first time!
Contact one of our experienced migration lawyers today for a professionally prepared application which will give you the highest chance of success.
Number of Partner Category Visa Applications that are under Consideration by the AAT as of 31 January 2016
NSW region VIC region Adelaide Brisbane Perth Other Total Total % of Applicants to the AAT Partner Category Visas 1,831 1,357 124 563 380 15 4,270 40%
Partner Category Visa Decisions by AAT from 1 July 2015 to 31 Jan 2016
Partner Category Visa Applications Set Aside Affirmed (Upheld) Withdrawn Other (Including no Jurisdiction to Make a Decision) Total 2,440.00 923 (41%) 1,094 (48%) 175 (8%) 70 (3%) 2,262