The short answer is that they do not meet the legal criteria for the visa.
Some applicants feel confident lodging a visa application normally after researching through the internet and reading forums. There is a general view that by filling in the forms crossing your fingers, handing over some evidence to support the application and waiting for a decision, that somehow your application is accepted.
Here is what is wrong with that approach.
Finding the most suitable visa is the first step to getting a visa application right.
The next step is to make sure that you meet the criteria.
Then you have to make sure that the evidence you have supports the criteria.
We have seen for example that applicants have misinterpreted the requirements in relation to the evidence of employment. Some applications have been refused due to the employment evidence provided NOT matching the applicants’ own claim, or the claimed employment does NOT meet the duties/tasks requirements for the particular occupation nominated.
We have also seen that applicants claim that their qualifications are at the required education level (for example, Bachelor Degree/Diploma); unfortunately, they do not really understand that the Degree/Diploma must be comparable to an Australian qualification on the same level, which, for some of the degrees/Diplomas issued overseas, are NOT comparable to an Australian qualification certificate, even though the qualification certificate states it’s a Bachelor Degree/Diploma.
The ‘simple’ form you fill in when applying for an Australian Visa is, in fact, a legal document. Therefore, you must answer all the questions accurately and honestly.
You must read all questions carefully, rushing into a response and not mentioning past charges/convictions is a common reason for getting into trouble with your visa application.
Even the slightest inconsistency or error in the information you’ve provided can have a great impact on the outcome of your visa application. Providing incorrect, false and misleading information will not only result in refusal, but it can also lead to a three year ban from future applications.
An applicant may be denied permanent or temporary entry to Australia due to his or her failure to meet the relevant character and health requirements. To pass the character test, all applicants must: not have a substantial criminal record; not be associated with an individual or groups involved in criminal conducts; and not be at a significant risk of engaging in any illegal or criminal conduct in Australia.
Be aware that Governments are able to access information about any past offences that have been removed from older general records.
Health requirements, on the other hand, would depend on the type of visa you’ve applied for.
The Department of Immigration may give applicants an opportunity to provide further evidence however in some instances the Department can decide an application without providing an opportunity to submit more information. Take your application seriously, keep records of everything, respond to the Department within the timeframe and be sure to provide all supporting evidence.
We deal with a lot of refusals and appeals from applicants that failed to either submit relevant evidence or failed to submit evidence within the required timeframe. Submitting incorrect evidence generally comes from not understanding the requirements for the evidence in full.
Published Wed 9 January 2019. Tags: AAT Review