Effective from 13 December 2018..
Where a nomination has been refused and the visa is subsequently refused, the visa refusal may only be appealed at the Administrative Appeals Tribunal (AAT) if an appeal of the nomination has already been lodged at the AAT.
Where the visa application is refused immediately after the nomination refusal (which happens in many cases) – and there has been insufficient time to lodge the nomination appeal, the visa applicant will lose their right of appeal to the AAT.
This is a major change to a visa applicant’s appeal rights, as currently, provided a nomination refusal review application was lodged within 21 days of the decision, it does not matter whether the nomination appeal had been lodged at the time of the visa refusal.
Another provision of the new legislation prevents a visa applicant lodging an AAT appeal if he/she does not require a nomination, but does need to be sponsored – but is not sponsored at the time of the visa refusal. This could occur for example where the sponsor’s approval had lapsed or had been refused.
For an affected applicant, unless he/she holds another type of visa at the time of the visa refusal, they will barred from applying for another visa in Australia, unless it is an application for a Partner Visa, Protection Visa or Medical Treatment Visa.
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