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Types of Visas
Appealing Visa Decisions: Your Options and Process
In cases where your visa application is denied or withdrawn, you may have the option to appeal the decision through the governing body, previously known as the Administrative Appeals Tribunal (AAT), which functions as a merits review tribunal.
However, it’s important to note that the governing body has its limitations. Not all decisions can be reviewed by the tribunal. For example, decisions made by the Minister for Immigration under section 501 of the Migration Act 1958 cannot be appealed to the governing body.
Visa Condition 8503 (No Further Stay) and Additional Bans Explained
Visa Condition 8503, commonly known as “No Further Stay,” is a condition that restricts a visa holder from applying for multiple temporary and permanent visas while in Australia. This also includes additional bans, often referred to as the “section 48 bar.” The section 48 bar comes into play when a person is either unlawfully present (without a visa) or has had a visa refused or cancelled after their last entry to Australia while holding a bridging visa.
If a person falls under the “section 48 prohibited” category, they generally cannot submit most other visa applications while inside Australia, with only a few very limited exceptions. This effectively means that the person should depart Australia as required.
It’s crucial to note that overstaying a visa or being ineligible for Australian citizenship can have serious implications for future visa applications.
Visa Condition 8534 restricts visa holders from applying for additional visas within Australia, except for certain visas like the protection visa, Student Guardian Visa (subclass 590), and Temporary Graduate Visa (subclass 485).
Condition 8535 is a mandatory requirement for certain Student visa (subclass 500) holders who are sponsored by the Department of Foreign Affairs and Trade or the Department of Defense.
Checking Applicability of No Further Stay:
You can find details about visa conditions in your visa application. Additionally, you can use the Visa Entitlement Verification Online (VEVO) service to access this information for free.
Review of Decisions:
The decision not to waive conditions 8503, 8534, or 8535 is typically not subject to review by the tribunal (formerly AAT) or other Department offices. If these conditions are not waived, the Minister for Immigration and Border Protection generally cannot intervene.
In cases where a waiver request has been denied due to a significant change in circumstances, you have the option to submit a new request. This request should outline how the new circumstances materially differ from those considered in your previous waiver request.
It’s important to understand that certain situations are not considered to be “beyond the control” of the visa holder when it comes to waiver provisions. For instance, pregnancy after marriage to or starting a de facto relationship with an Australian citizen or permanent resident, or failing a subject and not completing a course, may not generally be considered as valid reasons for a waiver.