The Department of Immigration and Citizenship (DIAC) will send you a letter, known as a notice of intention to refuse, if they are considering refusing your visa application. This gives you the opportunity to show DIAC why your visa application should not be refused.
The notice of intention to refuse will include:
- A full description of the reasons why DIAC is considering refusing your visa application;
- A statement as to the evidence or information that DIAC has to support the allegations and the source of the evidence;
- An invitation to comment on the case against you, and present arguments and evidence supporting why your visa application should not be refused; and
- Information on how you are to respond, and how long you have to respond.
Why is DIAC planning on refusing my application?
The notice of intention to refuse will specify the grounds on which DIAC planning on refusing your visa application. For example, it might be specified that they believe you have provided bogus documents and therefore have not meet certain Public Interest Criteria.
What can you do about this Notice of Intention?
Once you receive this letter, you have two options:
- Ignore the letter; or
- Provide DIAC with further documentation showing why they should not refuse your visa application.
Option 1 – Ignore the letter
If you do not respond to DIAC’s letter of intention to refuse your visa within the specified time, DIAC will reach a decision on your application based on the information they already have. This means that they will most likely refuse your visa application.
Option 2 – Provide further documentation
DIAC will invite you to comment on their intention to refuse your visa application. DIAC’s letter will specify how you can do this. You might be asked to respond in writing, at an interview with an officer or by telephone. This is your opportunity to convince DIAC that your visa application should not be refused. DIAC will also consider claims of compelling and/or compassionate reasons as to why they should consider new information and continue processing your application.
You will be given a period of time (usually 28 days) to reply to DIAC’s letter. If you have been allocated a case officer, all further communication and documentation should be submitted directly to them.
The documentation you should provide to DIAC will depend why they are looking at refusing your visa application.
What will happen after I provide these documents?
DIAC will consider the documents that you provided and whether they should grant your visa. If your visa application is refused, you may have the right to appeal the decision through the Migration Review Tribunal (MRT). You will normally be given 21 days to notify the MRT of your intention to appeal.
What if my visa is refused?
If your visa application is refused, you will need to disclose this information in any further visa applications. This may impact on the outcome of future applications. You may also be required to leave Australia within 28 days if you do not have another substantive visa.