When you have been notified that your Business & Investment Visa Application has been refused and you are not prepared to accept it, we are here to help.
We are experienced immigration lawyers who provide you with clear options and legal representation.
We are here for you when it matters most.
Sydney (02) 9098 6999
Business & Investment Visa Refused / Rejected
Business & Investment Visa Application refusals can include the visa subclasses 132 and 188.
Your Possible Options
If you have just received notification that your Business & Investment Visa Application has been refused, it is important that you obtain legal advice as soon as possible.
The urgency arises because the longer that you leave it, the less options you will have.
Depending on your individual circumstances, possible options available to you may include:
- Accepting the refusal decision
- Re-lodging a new application
- Applying to appeal the refusal decision at the Administrative Appeals Tribunal (the Tribunal)
Tribunal (AAT) Review
The Tribunal has strict time limitations and if you do not lodge a review application with the Tribunal in time, it will be what’s known as an invalid application and if it’s an invalid application, you will have no review rights at the Tribunal.
One of the benefits of having your matter reviewed at the Tribunal is that the Tribunal is not a part of the Department of Home Affairs who refused your Business & Investment Visa Application.
The Tribunal hearing is what’s known as a Merits Review and a Merits Review is basically a second chance. At a Merits Review, all the information that you have submitted that was included in the original Work Sponsored Visa Application will be considered. Additionally, any evidence that we are able to compile for you up to and including the date of the Tribunal review hearing, will also be considered.
What Visa & Citizenship Lawyers will do for you if you want to appeal to the Tribunal
Visa & Citizenship Lawyers will:
- Assess the refusal and inform you of the strengths and weaknesses of your case;
- Lodge a review application with the Tribunal;
- Inform you what information will help your case and guide you during the waiting time for the Tribunal review with preparing evidence;
- Work with you to draft detailed Statutory Declarations supported by evidence;
- Draft detailed Submissions and lodge with the Tribunal;
- Attend the Tribunal hearing with you and assist you in presenting your case before the Tribunal;
- Draft further detailed Submissions (if necessary), before the Tribunal Member has made their decision.
Nigel and his family are Chinese citizens who have been living in Sydney on temporary business visas. Nigel’s children have been enjoying attending a private school in Sydney. The family received notification from the Department of Home Affairs that their self-lodged permanent Business Visa Application was refused. Nigel had invested a significant amount of money into Australia and his family were not prepared to entertain the idea of returning to China.
Nigel engages Visa & Citizenship Lawyers and after a careful assessment, Nigel decides to proceed with lodging a Tribunal review application. Visa & Citizenship Lawyers work with the family over the ensuing months to build their case. The matter is heard before the Tribunal 15 months from the date of lodgement of the review application. At the Tribunal the family has a successful result and Nigel and his family are granted permanent visas.
* (Names and facts have been changed to protect the identity of clients)