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Visa Issue

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  • Australian Visa Trouble Overview

    Applying for a visa to Australia is a complicated process, and there are a lot of factors that are taken into consideration.  Before applying, it is important that you know the basics of the qualifications you will be rated on, and then you can have a better idea of your chances of success.  Also, the proper knowledge will prepare you for problem areas that you need to avoid because they are likely to cause you a visa issue.

    Unfortunately, many people experience a major visa issue because their application gets denied.  In these situations, it’s critical that you understand what options you have for reviewing the decision, and that you develop a plan for following these procedures.

    At The Migration Place, we have helped numerous people in varying stages of Australian visa trouble, and we would be happy to address any of the concerns that you have.  Also, it’s generally easier to solve a problem before it’s created, so we highly recommend that you consult with us at the beginning of the process, and this will result in you having a much lower chance of denial.

    Australian Criminal History Issue for Migration

    One of the first concerns many applicants have is about an Australian criminal record issue for migration purposes.  Unfortunately, having some sort of criminal record overseas does often cause Australian migration trouble, but it doesn’t automatically disqualify an applicant.  There are a few main tests that are used to make a decision in these cases, and the important points will be outlined in the next few sections.

    Character Test, Public Interest, and Australia Criminal Record Issue for Migration

    The character test is used to evaluate the Australian criminal history issue for migration purposes.  It can lead to Australian visa trouble because it can apply to people traveling to Australia, both as a visitor or on a permanent basis, and can also be applied to any non-Australian citizens wishing to sponsor someone else for a visa.  Additionally, many visas require that the applicant meet certain public interest criteria to prove that they won’t be a threat to Australian society.  The decision makers are able to grant a visa or issue a denial, and it’s generally decided based on each individual case.

    Character Test Requirements

    There are many ways that a person can fail the character test.  For example, having a substantial criminal record, or being associated with individuals or groups who are likely to engage in criminal activity can both lead to a failure.  Additionally, being likely to commit a crime, or harass, stalk, or molest another person while in the country can also lead to Australian visa trouble by failing the character test.

    Having been imprisoned abroad won’t automatically lead to a visa issue and denial, but there are certain cases that will.  For example, having been sentenced to death, life imprisonment, or a prison term greater than 12 months will lead to a failure of the character test.  However, there are certain cases where these sorts of sentences can be overruled, and speaking to an immigration professional can help you see if you qualify for any of these.

    Public Interest Criteria

    A person will potentially have Australian migration trouble because of visa denial for not meeting the public interest criteria.  This could be because they represent a danger to the community, have vilified or incited friction within the community, or their presence is harmful to Australia’s foreign policy interests.

    Visa Issue because of Denial

    Unfortunately, it’s quite possible that a visa application could be denied for any number of reasons.  Generally, a denial is accompanied by a letter stating what possibilities the applicant has for an appeal or review, but these have strictly enforced guidelines.

    Migration Decision Review Options

    The Australian migration trouble you face with a denied visa can generally be overturned within one of two main types of reviews.  First, a Merits Review will call a second board to review the initial decision and see if it was incorrect not because of the legal aspect, but because of the actual merits of the person making the application.  Next, a Judicial Review will examine the legal methods used in the decision, and it will attempt to correct any mistakes that were made.  Both of these will be looked at by different people than those who made original decision, so your hope is not completely lost.  However, it is absolutely crucial that you don’t receive a second denial, so we highly recommend getting professional assistance for a migration review to solve your visa issue.