What Happens If You Do Not Appeal Your Visa Refusal or Cancellation?
Receiving a visa refusal or cancellation can be a challenging and heartbreaking experience, especially for those who dream to migrate and build a life in Australia. When a visa is refused or cancelled in Australia, applicants have the right to appeal the visa decision to the Administrative Review Tribunal (ART) if the applicants meet specific criteria and are actioned within the specified timeframe. Failing to appeal can lead to unfavourable results that may affect your ability to remain in or return to Australia in the future.
What Happens if I Choose not to Appeal a Visa Refusal or Cancellation?
An applicant has up to 28 days to appeal for a visa decision to the ART. If the individual has not appealed to the ART by that time, then they will have to leave Australia, as their bridging visa will be valid for 35 days after the visa refusal or cancellation. We have listed some scenarios for you if you choose not to appeal for a visa refusal or cancellation:
Becoming an Unlawful Non-Citizen
If your visa is refused or cancelled and you fail to appeal within the 28-day timeframe, you will continue to stay in Australia after your current bridging visa expires. You will then have overstayed your visa, which means that you will become an unlawful non-citizen who may be subject to detention or removal from the country.
Impact on Your Immigration Record
If you missed the appeal timeframe or decided not to appeal your visa refusal or cancellation, it will leave a permanent mark on your immigration record, such as limited visa options to apply due to section 48 bar.
Re-entry Bans PIC 4013 or PIC4014
Depending on the visa refusal or cancellation circumstances, failing to appeal may result in a re-entry ban of PIC 4013 or PIC 4014 if you leave Australia. Common bans include 3-year exclusions for voluntary departures and longer bans of up to 10 years for serious breaches of visa conditions. These bans may prevent you from applying for most visas, or your future visa application may be processed more strictly.
Loss of Opportunity to Present Your Case
The appeal process allows you (the applicant) to present evidence that the case officer from the Department of Home Affairs may have missed or made a mistake. Getting professional assistance can assist in presenting new arguments from a different point of view or clarify any misunderstandings about your situation. If you fail to take advantage of the appeal opportunity, it may result in a visa refusal or cancellation without the chance to overturn the decision.
Client Testimonials
….we call it Support Network
As navigating through the immigration law process may be difficult, our former clients have agreed to share their experiences through telephone chats, emails and meetings in person.
These are their stories…
How Can Agape Henry Crux Help You?
Speak to an Accredited Specialist in Immigration Law if appealing for a visa refusal or cancellation is a good option. Lodging an appeal can extend your stay in Australia lawfully while the decision is being reviewed. Our team of immigration lawyers and migration agents at Agape Henry Crux. The team specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
