Why are Australian visas being rejected?

An article in “The Economic Times” stated that almost 50% of international student visas get rejected for scholars from India, Nepal, Sri Lanka, and Pakistan. Apart from this, the report (July 2022 immigration data) also suggested that only 3.8% of student visas for vocational studies were approved; which means that only 34 applicants would get a student visa approved out of 900 applicants. Moreover, till July 2022, around 96,000 students were present studying in Australia; this makes up the second biggest foreign student group after China. When opting for higher studies, Indian students have a declining rate of 56% and Pakistani scholars by 57%. In addition, Nepali students acquire higher education visas of 33% and vocational education visas stand at 15%.

Hence, such numbers show ample student visa applications get rejected. The reasons are discussed below.

What is a visa?

A visa is permission that an individual receives from a country’s authority to visit that said country for a specific period for studying, working, or residing. This status is for people who aren’t Australian citizens but want to visit the nation; hence, such visas can be permanent (it means indefinite stay) or temporary (allowed to stay for a particular period).

Types of visas in Australia 2023:

There are several types of visas available for people, depending on the purpose of their visit. It consists of:

• Visitor visas
• Studying and training visas
• Family and partner visas
• Working and skilled visas
• Refugee and humanitarian visas
• Other visas
• Repealed visas

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How can we avoid visa rejection in Australia?

An Australian visa might be rejected for numerous reasons. The checklist for such rejection/cancellation/denial, etc.

1. Not Valid Passport
2. Visa Character Requirements
3. Incomplete Visa Application Form
4. Fraudulent Documents Or Information
5. Missing Documents
6. Financial Requirements
7. Health Requirements
8. No intention of returning back
9. Failure To Answer

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1. Not Valid Passport: 

The primary reason for such visa rejection is not having a valid passport. Having a valid passport is essential and a damaged one (pages missing, torn, etc.) highly affects a visa applicant negatively. Also, the passport needs to be valid for at least 6 months and have blank pages.

2. Visa character requirements

Australia’s Department of Home Affairs might cancel or refuse a visa if an applicant doesn’t clear his/her character test. Such a decision is created by Immigration Citizenship Minister, Home Affairs Minister, and either Multicultural Affairs or their delegates. One might not pass this test if:

• One has a significant criminal record
• An individual has been a criminal organization’s member or is associated with such organization or person and involved in certain criminal conduct
• A person is escaping convict of immigration detention or when in such detention one has been convicted for any offense
• An individual is a suspect for involving him/herself in any organized crime

However, if a person has any small or big criminal record it should be mentioned in their application form.

3. Incomplete visa application form

An individual must offer a complete visa application form that is truthful. An incomplete form means a portion of the visa form isn’t filled properly. This is a common error and thus, ensure filling out an application form completely before submission.

4. Fraudulent info or documents

This refers to a document that has been tampered with, forged, etc. by an individual without any authority. As an applicant, an individual must offer documents that are real and not counterfeited. If offered information is misleading or false, it will lead to visa rejection/denial/refusal.

5. Missing documents

When opting for an Australian visa, numerous documents need to be submitted. Most time a visa gets rejected as an applicant mistakenly offers insufficient info in his/her application form. Each application would require different document types and thus, should be submitted accordingly.

6. Financial requirement

When applying for a visa, one has to show proof to the Department of Home Affairs that he/she is financially stable. An applicant should show that he/she has sufficient funds for migration to this country. Different visa types have different financial or income requirement that has to be met to show financial stability or an application will be rejected.

7. Health requirement

Health requirements have always been a critical part of the application procedure. Every applicant must obtain and provide heath test reports to acquire an Australian visa. Medical conditions that might lead to visa refusal comprises tuberculosis, cancer, HIV, hepatitis, mental illness, etc. Hence, a clean bill of health report is to be submitted or else a visa application will be rejected.

8. No intention of returning

Most people are required to show their intention of returning to their country after the visa period is completed. For instance, one needs to show their intention of returning after completing his/her studies, work completion, etc. Without showcasing such intention might lead to a rejection of a visa.

9. Failure to provide additional documents

Lastly, when contacted by the Department of Affairs for additional documents, failure to comply with additional documents and other requests will lead to visa refusal. Hence, it is vital to get back in touch with the authority to answer their questions or provide additional documents as asked.

These are the primary reasons for people’s visas to be rejected or refused in the first place.

Can I get an Australian visa after refusal?

In short, the answer is yes; however, it has several aspects. For example, an international student can opt for a student visa if he/she is refused a visa before. However, it should be mentioned in their application form when re-applying for it.
The action should be taken immediately if a visa is refused and it means one needs to opt for Bridging Visa E (BVE) immediately apart from an Australian study visa. A bridging visa will allow an individual to stay in Australia lawfully while an individual prepares to leave the country or make arrangements to ensure an increasing visa period or complete migration completely. BVE is valid for 28 days after a main visa application decision is made.
Also, such a visa will give an individual ample time to change course, university, etc., and complete all other documents that will help in receiving the required documents to stay in this country legally. However, BVE is applicable only when a person is residing in Australia during that time. Other options are given below.

Re-apply or file an appeal

People whose visa gets refused, cancelled, or otherwise can always re-apply for them. However, when re-applying previous refusal and other details has to be mentioned. Otherwise, people can opt for an appeal if the Department of Home Affairs refuses an individual a visa. Through AAT (Administrative Appeals Tribunal) an individual can lodge such an appeal. This appeal should be submitted within 25-28 days in writing. However, if an individual is held in a detention center for immigrants, then he/she has only 7 days to appeal. Missing the deadline for appeal will lead to no assistance from AAT or Immigration Office.
Moreover, the deadline for such appeals also depends on the visa type an individual applies for. Also, a fee has to be submitted to review an appeal. If such an AAT appeal is unsuccessful, then a person might request a Ministerial intervention.  

Revocation of cancelled visa

It simply means that the Department of Home Affairs is asked to revoke or reverse its decision to cancel a visa, which occurred due to Migration Act, Section 501. When such an instance occurs, the applicant considering revocation will have to wait at immigration detention while Department gets through its process. To know more about it, an individual should consult immigration lawyers and other professionals to know about it and apply quickly for revoking a cancelled visa.

FAQ

What is visa refusal vs cancellation?

Visa refusal means an application made for a visa is refused and not the visa itself. However, visa cancellation means that an already existing visa is removed to make it invalid and no longer exists.

Are visa refusal and rejection the same?

Visa refusal means a visa application is refused and not the visa. However, a rejection occurs after a visa application is refused by the Australian authorities.

What happens if an Australian visa is rejected?

If a visa is rejected in Australia, then an individual can file for a re-apply or appeal for a review that is undertaken by the AAT, while one awaits in the detention centre.

What are the chances of visa rejection for Australia?

In 2022, almost 50% of student visa applicants were rejected by the Australian authorities. Hence, chances are quite high if proper documentation and other steps aren’t followed.