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Australian Visitor Visa Refused - Any Advice Please

visitor visa refused

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#1 Canh

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Posted 30 May 2014 - 01:15 PM

Has anyone had any recent experience in having a visitor visa refusal overturned in Australia by the Migration Review Tribunal. I would particularly like to know the associated costs involved and how long the procedure takes.
 
I am an Australian citizen and my brother is Vietnamese. He applied for a visitor visa to come and stay with me in Australia for a holiday. My brother has a good well paid job in Vietnam and has previously traveled to the USA where our sister lives. In fact he still has a current 10 year USA visa. He included with his application a letter from his employer as well has proof of savings of AUD$8000.
 
He submitted his visitor visa application in Vietnam with all of the required documents, but I did not provide a letter of invitation nor was proof that he is my brother included with his application. It was however stated on his application form that he was travelling to Australia to stay with me, his brother, and my details were put on his form where it asked whether the applicant has any family members in Australia. Just on a side note I obtained by permanent residency through skilled migration and then eventually Australian citizenship.
 
His visitor visa application was refused by the Australian Embassy in Vietnam because evidence of our claimed family relationship was not included with his application. Why didn't the Embassy call my brother or me and ask for proof of this? If they had, then proof could have easily been supplied and his visitor visa would not have been refused in the first place. 
 
I yesterday contacted the Department of Immigration in Australia and they told me that once a visa application has been refused then the case cannot be overturned by Australian Immigration, but any review rights would be explained on the visa refusal notice. 
 
I spoke to my brother last night and asked him to email me a copy of the visa refusal notice. As we are brothers, the decision can be reviewed by the Migration Review Tribunal. I am confident we can have the decision overturned as we can provide evidence that we are brothers, namely our birth certificates and that of our parents, who are both deceased.
 
I would appreciate any feedback from people that have had recent experience in having a visitor visa refusal overturned by the Migration Review Tribunal, particularly any costs involved and how long the process will take.
   



#2 Australian Visa Advice

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Posted 30 May 2014 - 03:12 PM

Welcome to the forum Canh,

 

A visitor visa application will be decided on the weight of the supporting documentation submitted with the visa application. It is not up to a case officer to call an applicant and ask for further information. Sometimes a case officer may contact an applicant and ask for additional information, but not always. With regards to tourist and visitor visa applications, it is very important for this reason that a complete application is submitted for consideration.  

 

You have stated:

 

"proof could have easily been supplied and his visitor visa would not have been refused in the first place". 

 

If that is the case why wasn't the additional information submitted when the visitor visa application was first submitted? 

 

An application for review of a visitor visa refusal through the Migration Review Tribunal currently costs AUD$1604 and will take just under 6 months according to the current information on the MRT website.

 

Instead of applying for an MRT review, why not have your brother just submit a fresh visitor visa application in Vietnam with the additional supporting documents that were not included with the first application. With a current AUD$130 application fee and processing about two weeks, I know which option I would be choosing.

 

All the best. 



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#3 Canh

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Posted 31 May 2014 - 11:24 AM

Thanks for this information Australian Visa Advice. We will definitely submit a fresh visitor visa application with all the required supporting documentation that evidences that we are brothers. Thanks again for your help.




#4 AusMex

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Posted 18 January 2017 - 11:12 AM

Hi,

I've never been a part of anything like this before so I hope this is the right place to get started.

 

Firstly, I am an Australia citizen by birth and my partner, whom I met online, is a Mexican citizen living in the US. We have been in a committed relationship for over 2 years now. I have been to visit him twice in that time.

 

He applied for a visitors visa to come here before Christmas and it was denied, on the grounds that he has insufficient ties in the US. No property and no stable employment. he is 21 and I am 44, I have 2 kids that live full time with my ex. Would the age difference between us be a factor in their decision?

 

Now I can completely understand where they're coming from based on their decision. But how do we get around it if we decide to reapply?

At his age he hasn't had the opportunity to be able to establish any property ties, or financial.

 

Also, with the second application, in regards to my invitation letter. Do I write it as if we are applying for the first time, or do I include the fact that the first application was denied and address the reasons for the denial in my letter?

 

We do want to marry, hopefully in Mexico after his visit here. We're getting desperate here and really need to find a way to be together that isn't going to take a year.

 

Any help and advise is greatly appreciated.




#5 AussieDude

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Posted 23 January 2017 - 08:50 PM

For a VV, the applicant is considered on 3 major requirements;

  1. They are a legitimate visitor or tourist, with no intention of work
  2. They have the funds to support themselves for the entire stay (letters of support for living expenses, accommodation all help) but the applicant must be able to support themselves, regardless of this,
  3. The applicant is not a risk to overstay when the visa finishes.

1 and 2 are usually pretty easy to satisfy, a bit of research on 'VV from High Risk countries' will guide you.

 

80% of all high risk applicants (Mexican Nationals are in this category) are due to failing point 3.

 

You genders, ages, religions or shoe sizes have no bearing whatsoever.  Put those thoughts aside, trust me I have been down that path, its your internal worries surfacing thats all.  DIBP is for the better part, blind to all this.

 

So to the stumbling block, not demonstrating a compelling reason to return.  This is a hard one in your case.  What is his residency status in the US? (IM me if you feel this is too confidential) If he is an  'illegal', as they say then the situation is very complex, how will he legally return to the US? after the Visa.  If refused entry on his return to the US, he would be returned to Australia, and we would have to repatriate him back to Mexico.

 

If he has a Green Card or similar then that in itself, being so desirable,  is a valid reason to return.

 

As for a second application, unless you can provide solid, new and supporting evidence to address the issues of the first application, then with the same data in, expect the sa,e result out, rejection.

 

To your letter, you as a friend, can not sponsor him, only offer support.  You have no basis or grounds to provide 'evidence' to address point 3.  I know its a hard policy.

 

There is another option, Education Visa, that just needs wads of cash.

 

The final option is a PMV, he applies for and you sponsor a Partner (defacto in your case) Migration Visa.  Yes its an offshore application, and yes it takes 12-14 for the first grant, but if the relationship is such, and this is your eventual desire, then look into this.  Once a PMV is applied for, gaining a series of VV's will be far easier.

 

IM me with his US REsidency Status, then I can advise further.




#6 AusMex

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Posted 24 January 2017 - 11:13 AM

Thank you for your reply and advise.

 

I tried to IM you but it wouldnt allow me to send the message. I'm still all new to this so not sure where to go next, figured here was my next best thing.

 

My partner does satisfy points one and two that you listed. And yes, point three is where our problems are. And it's hard to explain as I have trouble understanding it myself.

 

We are wanting to do everything by the laws so that we are able to live freely in the future but at this stage in our relationship, we are not wanting to take the "big step" of applying for a PMV because the longest we have lived together so far is 6 weeks and to me that's not enough to know if it will work on a permanent basis.

 

It's difficult to put everything down here, but I hope you get what's going on with our situation. I will try again to IM you, tomorrow maybe. And without wanting to overstep, if there is an alternate form of contact that is acceptable, that would be fine.

 

If all else fails, I will check back in tomorrow.

 

Thanks again.




#7 AussieDude

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Posted 27 January 2017 - 11:15 PM

Email me at omegaman477@hotmail.com if that helps




#8 hniecalista

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Posted 20 July 2017 - 10:00 PM

I got refusal as well on my visitor visa due to my agent was st*pid and wrote on my application that I was an unemployed  (did not have any job ), but actually I have job.

 

This is really stupid thing and of course the result my visa got rejected and I don't have chance to appeal the visa decision.

 

The visitor visa rejection will not affect if you apply the new visitor visa but it will effect when you apply student visa, because it will be hard to get the COE. And this happened to me right now, I'm struggling to get the COE.

 

I heard from my friend that she applied tourist visa 3 times in the same year, 2 refused and the last the 3rd one granted.




#9 NehaSharma20

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Posted 10 January 2018 - 04:05 PM

Hi,

 

The rejections can be for many reasons. So before going to any Consultant services look that the Australia Immigration Company is registered with MARA



Fast Way to Get Approved Australia PR Visa






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