Visa refusal can be a frustrating situation. If you have applied for a visa, it is not as if you can immediately depart for your destination. Consular officers, who decide visa refusal or acceptance based on facts and figures, have to consider all the important factors. This is why visa refusal rates are high. The applicant’s record, his characteristics and achievements and even his financial circumstances have to be carefully evaluated before a visa is approved.
Factors
The first factor that is taken into account is whether the applicant is eligible under sections 212 (a) (4) of the Immigration and Nationality Act. The applicant must prove that he or she meets the requirements set out under section 212(a) (4) by producing the prescribed proof to the consular officer. These are the criteria that are used by the authorities under sections 212 (a) (4) to determine whether an applicant is eligible or not.
The second factor considered is the grounds on which visa refusal was made. This is the reason why most visa applicants will try to convince the authorities to grant them a visa. The applicant might do this by citing the grounds that are specified under section 830 (a) of the Immigration and Nationality Act. There are detailed specifications for each ground and the experienced immigration attorney will understand the meaning and value of these. You should get the assistance of an experienced attorney if you want to know what these grounds are.
The third factor considered is whether the applicant has been ordered removed from the country or had his or her status cancelled. If the visa refusal was due to unlawful presence, then this can be proved. The unlawful presence grounds are listed in detail in section 212 (a) (9) (b) (I) through (iv), but there are also some additional conditions attached to them. If the applicant was born outside Australia and did not obtain Australian citizenship, he or she may still be removed from the country based on the grounds of unlawful presence.
Applications
Three different visa applications may be considered. They are the visa application from a foreign national who has come to Australia to work, the visa application from an Australian citizen or a prescribed visa, and the visa application from an offshore person who is in Australia as a result of a program. To be granted a visa under any of these categories, the applicant must provide the government with a factual basis for their visa application. Otherwise, they will not likely be granted the visa.
The fourth factor is the grounds on which the visa refusal was justified. There are several reasons why an immigrant visa application could be declined. Some of the visa refusal reasons can be considered as follows: the applicant did not submit a complete and accurate application; there were typographical errors or omissions; the applicant failed to provide enough information about their employment; there were false or misleading answers to questions on the visa application, or the applicant presented false information about their identity when applying for immigration. However, it should be noted that visa refusal does not always mean that the applicant will not be allowed to stay in the country. There are many waiver options available to people who have a visa refusal.
Visa Application Form
Of the five factors that visa officers use in deciding whether or not to grant an immigrant visa, the most common reason for refusal is the reason for false or misleading answers on the visa application form. As long as the applicants can provide evidence that the information they provided on the form is correct, and that they didn’t try to deliberately lie, the rejection of their visa won’t be too much of a problem. However, there are times when applicants will be given the visa but yet denied entry into the country because of the incorrect spelling or a word that is mistakenly left out. When this happens, visa officers should make sure that all the facts are verified and the applicant is given another chance.
If visa refusal is caused by the grounds mentioned above, then the applicant may request that the visa be considered discretionary. In cases such as these, the applicant will be able to request that the visa be refused on reconsideration. This happens when the applicant again applies, citing one or more grounds previously stated by the visa refusal committee. However, the applicant may request that the visa be granted conditional on certain changes to the grounds.
