Why my Visa is taking so long?

Know Leon’s success story, a Colombian who came to Australia to study English and decided to stay permanently, while applying for the Permanent Residency.

Back in his native Colombia, Leon had completed a Bachelor in Mechatronics, but he did not have sufficient work experience to migrate directly utilising that degree. Therefote, he consulted Questra Immigration and we were able to provide him with a individualised migration plan.

Have you applied for your Australian Visa but it is taking so long? Due to COVID-19, some visa processing times have been affected and applications may take longer to finalise.

Related content: Everything you need to know about the Subclass 408, COVID-19 visa

Two processing times are displayed in calendar days, indicating how long it is taking to finalise 75 and 90 per cent of applications submitted globally.

Is your Visa approval out of the following time frames?

Talk to our experts today. We can make it happen!

What should I do if my Visa application was refused?

The Administrative Appeals Tribunal (Tribunal) can review decisions made by the Department of Immigration and Home Affairs to refuse or cancel visas. The Tribunal can also review decisions relating to approval and cancellation of sponsorship and nomination applications.

If your application for an Australian visa, nomination or sponsorship has been refused, you may have appeal rights at the Administrative Appeals Tribunal (AAT).

The AAT undertakes a merits review and therefore takes a fresh look at the facts, law and policy relating to that decision.

Visa applications can be refused for a number of reasons with the most common being:

• Character issues
• False or misleading information
• Genuineness of relationships for Partner Visas
• Genuine position for work sponsorship’s
• English language ability
• Breach of previous visa conditions
• Exemptions To The Residency Requirement

Are there time limits for seeking merits review?

Strict time limits apply to applications relating to decisions about visas made by the Department of Home Affairs. The time limit for making an application to the Tribunal is usually 21 days after you receive the decision you want to review.

What happen after the Tribunal decision?

When the AAT reviews a decision, they have the power to affirm, set aside or remit the decision.

Affirm: If the tribunal affirms the decision under review and decided that the decision under review should not be changed. The effect of this is that the decision remains in force. Speak to us at this stage to determine your prospects of judicial review.

Set aside: If the tribunal set aside the decision under review, and require that the decision should be changed. The Tribunal may replace (substitute) the decision with a new decision.

Remit: If the tribunal remits the decision under review, it has decided that the decision should be reconsidered. The effect of this is that the department is required to reconsider the application having regard to any directions made by the Tribunal.

Any doubts about your Australian Visa application?

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Bill Mitroulas

Head of Migration at Questra Immigration. Managing and overseeing the growth and performance of Questra’s team of migration agents, while maintaining a client-centric and quality-driven approach. A registered migration agent since 2015 and a member of the Migration Institute of Australia, with over 15 years’ experience in international education and 11 years in Australian Migration law.