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Did you receive a notification about your resident return visa being refused? It could be a disheartening experience. Naturally, you’re full of questions as to why your application was rejected when you’re 100% confident it should have been in your favour.
However, it’s important to note that the refusal and rejection of visa applications have legal bases. Here, let’s tackle the most common reasons for a resident return visa refusal and what legal steps you should take next.
When granted, a resident return visa allows you to lawfully return to Australia if you left the country after your travel facility expired, or when you were outside the country when it expired. Essentially, this visa helps regain your permanent resident status.
There are two subclasses under a resident return visa, namely:
If you are an Australian permanent resident or citizen and do not intend to travel, then you don’t need to apply for RRV. If you changed your mind and wanted to leave the country but return lawfully, that’s when you can apply for and be granted this visa.
So, what went wrong with your resident return visa application that resulted in a refusal? Here, we’ll discuss all the possible reasons why your visa has been rejected.
Typically, it involves one or more of the following requirements:
Being refused a visa can be caused by something as simple as not being eligible based on the most fundamental requirements. You must be either of the following:
If you don’t fall in any of the categories, your resident return visa is bound to be refused.
If you took residence in Australia for at least two (2) years from the past five (5) years as a citizen or permanent resident, you satisfy the residency requirement and are entitled to a five-year travel facility on your RRV application. If you fell short on the minimum residency requirement, your application for resident return visa will be refused.
If you didn’t reside in Australia for a total of two (2) years as a permanent resident from the past five (5) years, you can still be granted a travel facility of up to one (1) year if, and only if, you establish “substantial ties” to Australia. That is, your return to Australia must be of benefit to the community. If you fail to establish this, your visa will be rejected.
Submitting correct and complete documentary requirements is what can make or break your application. If you have missing documents and you didn’t respond to requests for additional information, it will compromise your application.
If your documents are complete but found to be falsified, it will not only result in visa refusal, but also in fines, ban, and even imprisonment. It goes without saying that you must never resort to identity theft to be granted a visa.
The Department and the Australian Government wants to ensure that it only permits entry to visa applicants who have no old or recent criminal records that could make them a potential security threat. Returning Australian PRs and citizens who may have been involved in unlawful activities will not be granted re-entry to Australia.
Aside from character checks, the Department also looks upon the individual health of each applicant regardless of visa type. DHA wants to assure an applicant is not a threat to public health and safety. This is especially an important requirement if you’re returning from a country with a major public health concern, such as Ebola or polio.
The Department will look into your entire immigration history. If you have no record of refused or cancelled visas, you have nothing to worry about. If there is, the Department will take that into account in granting or denying you a resident return visa.
Talk to one of our Visa Experts Now.
If you disagree with the Department’s decision, you have the democratic right to have it reviewed by the Administrative Appeals Tribunal (AAT).
In your appeal, you must provide all reasons and compelling evidence that will support your case.
For example, if your application was rejected due to an alleged breach of the Public Interest Criterion (PIC) 4020, which is a legal requirement for most Australian visas prohibiting cases of submitting bogus documents, and you’re confident that it was a result of an honest mistake, you can lodge an appeal detailing why this is so, and attaching supporting documentation that will convince the reviewing authority.
If the AAT still upheld the decision to refuse your resident return visa, your final shot would be taking it to the Federal Court. You may also request for Ministerial Intervention if you see an exceptional reason that your case deserves to be reviewed further by none other than the Minister of Immigration. Note that very few intervention requests are granted, which means your case must really be exceptional or unique in nature, and that it is within public interest.
In order to make it a lot less difficult to deal with, consider hiring an immigration lawyer to help you in your appeal for the resident return visa refusal and represent you in court to convince officers that the initial decision must be reversed.
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Here is what some of them have said!
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Maximise your chance of success and avoid unnecessary stress by leaving the work to one of our visa lawyers who can provide you with unparalleled immigration assistance. Whether it’s ensuring your RRV gets approved the first time or appealing a visa rejection, we can get the job done. Consult with one of our RRV specialists and book an appointment today!
