Visa Refused or Cancelled?

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Partner - Law institute victoria
Partner - MIA
Partner - MIA
Partner - Law institute victoria
Immigration Lawyers Brisbane, Migration Consultants Brisbane
Partner - MIA
Partner - MIA
family visa for brisbane
Immigration Lawyers Brisbane, Migration Consultants Brisbane

Nomination Refusals

AAT will decide whether the requirements for a business nomination application are satisfied at the time of its decision. If there is a related visa application that has been refused as a result of a nomination refusal and a review of that visa refusal is also lodged with the AAT, both applications will be heard concurrently.

Supporting Evidence:

  • ASIC business name extract
  • ASIC current and historical extract
  • Standard Business Sponsor status or evidence that you are party to a work agreement
  • Business tax returns, financial statements that include a detailed profit and loss statement and balance sheet, and business activity statements lodged with the ATO
  • Current organizational structure chart (including current and proposed employees, and their position titles and resident status)
  • Roles and duties of the nominated position or occupation and how they relate to the position description in ANZSCO
  • Employment contract or letter of offer that complies with relevant awards for the nominated occupation or position
  • Salary surveys, advertisements, payroll reports and PAYG statements that relate to equivalent work in the same location
  • Visa status of the nominee, and information about the nominee’s English language ability, such as English language test results
  • Information about why a caveat does not apply in this case, if the nominated occupation is subject to a caveat
  • Invoices or contracts for employee training, training program with course outline, details of investment in industry training funds or bodies
  • Local job advertisements for the nominated position that were not successfully filled, and the Regional Certifying Body’s certificate issued to the applicant in respect of this position

Partner Visa Refusals

AAT must decide whether or not you are in a spousal or de facto relationship with the sponsor of your application under the rules of the Migration Law. Under these rules, the AAT must be satisfied that:

  • There is mutual commitment to a shared life together, to the exclusion of all others.
  • The relationship is genuine and continuing.
  • You live together, or do not live separately and apart on a permanent basis.
  • Your marriage is valid for the purposes of the Migration Act 1958 or your de facto partner is not related by family.

Supporting Evidence:

  • Statement that is signed by you about your circumstances
  • Proof of joint financial arrangements, such as bank statements, real estate details, wills, loans, bills, superannuation documents
  • Household arrangements, such as living arrangements and distribution of housework
  • Timeline of significant events that have occurred in the relationship
  • Evidence of significant events, such as photos of engagement ceremony, wedding reception, honeymoon, etc
  • Evidence of other significant events, such as itineraries and receipts for joint travel
  • Proof of ongoing contact over the period of your relationship, such as emails, phone calls, letters, chat history, video conferencing
  • Certified birth certificates and evidence of joint responsibility for any children of the relationship
  • Evidence that you present yourself as a couple socially, such as joint invitations to social activities or photographs of you in social situations
  • Information from other people who can verify the relationship
  • Evidence that explains why specific information in the Department decision is incorrect

Student Visa Refusals

AAT must decide whether you genuinely intend to stay temporarily
for the purpose of completing the enrolled studies in Australia. The AAT would consider:

  • Your circumstances
  • Your immigration history
  • Any other relevant matter.

Supporting Evidence:

  • Reasons for not undertaking the study in your home country
  • Information about ties to your home country that would encourage your return, for example:
    • Evidence of properties or assets held in home country
    • Evidence of immediate family members and any dependants in your home country
    • Evidence of current or proposed employment in home country and intention to return or commence that employment.
    • Return ticket to your home country.
  • Confirmation of your enrolment in an educational institution
  • Evidence of your past study
  • Information about the relevance of the course to your past or proposed future employment
  • Information that explains any gaps in your study history or a failure to complete studies, such as medical reports that you have been unwell or have a physical or mental illness that may have impacted your studies
  • Information from other people who can confirm or support your case
  • Evidence that explains why specific information in the Department decision is incorrect
  • Any other information or documents that prove your circumstances.

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