Question of the Week



A Work and Holiday visa, Tourist visa and AAT appeal

Category: Tribunal Services

Question asked

I just finished 2 years of work and holiday visa and i applied for tourist visa (3months) from australia. I got tourist visa refusal and got a time untill 4.12 to appeal from that decision to AAT (Administrative Appeals Tribunal).

I want to stay in australia. I know my appeal might not be sucessfull but AAT rewiving case in a months or even it can take a year. I am on bridging visa and appeal would allow me to keep working full time and get work experience which i need for 482 visa.

Will appeal effect my next visa applications (student/482)?

Otherwise I will apply for student visa offshore but i am affraid i won't be genuine if lodging new visa application just with 1 month gap.

What is the best to do in my situation?

Should i appeal?

Will be a problem to get 482 or student visa after 2years of working holiday and refusal of tourist

I am looking forward to hearing from you

Regards
S.

Answer provided by Migration Agent

Dear S.

Thank you for your question. As you were already in Australia for a period of more than 12 months prior to lodging your visitor visa application, you needed to show the department that exceptional circumstances existed for the grant of the visitor visa. Your visa application was refused, as the department was not satisfied that such circumstances existed.

The best option moving forward would be for you to lodge an appeal within the given timeframe so that you can remain in Australia lawfully while the appeal is being processed. This will give you some extra time to remain in Australia.

Please understand that as you have had a visa refused onshore, you will not be able to lodge another application while you are in Australia. A further application (except in very limited circumstances) will need to be lodged offshore. The department will look at the merits of each case when processing that application, and no, the refusal of a visitor visa application will have no impact on any future applications (except for the inability to lodge a further visa while you are in Australia). If you wish to lodge a student visa you will need to satisfy the genuine temporary entrant requirement and for the grant of a 482 visa you need to prove that you have the necessary skills to work in Australia. For the 482 visa, you will also need to nominate an occupation that is on the skilled occupation list at the time.

Thank you for using ask-an-agent. If you need further services from myself or a registered migration agent, please contact amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.

Kind regards
Migration Agent

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