Visa Refusal and Rules of Evidence – The fine line between visa grant and refusal
A recent client case has come across my desk and has reminded me of how a genuine visa applicant can be refused by the Department of Immigration and Border Protection because of a simple lack of evidence to support their claims.
They were a genuine couple, deeply in love but a long history of relationship – but with very little to show of the facts of their relationship!
Evidence in the visa assessment process is critical to a positive outcome.
So many visa refusals can occur on the flimsiest of grounds by over zealous case officers because a lack of credible evidence leads to an adverse assessment that the visa applicant is simply lying or making things up.
But in so many cases this is simply not true.
Visa applicants need to understand that visa application assessments are done by humans working through a mechanical process of pass or fail against ‘grant criteria;.
Just believing that you meet the grant criteria for the visa you are applying for is a tragic mistake so many visa applicants make. This applies generally to employment, business and investment visa applicants, but even more so for partner visa applicants.
I send out a timely reminder to all readers of this blog that if you are not sure, reach out and ask!
Blogs and hearsay on what other people say worked for them does not always result in a positive visa application outcome for some. Do not risk it!
Seek the advice of a registered migration professional, such as us here at VISAFAQ or the many registered lawyers and migration agents with the Office of Migration Agents Registration Authority (OMARA can be found at www.mara.gov.au).
Remember, it is better to be safe than sorry. Visa refusal can result in wasted money, time and emotional trauma. For onshore applicants, it can result in Section 48 bar (meaning you would need to go offshore to make another application for the visa you require).
Feel free to contact me if you have any concerns about your application (pre and post application enquiries welcome).