2Nd Holiday Visa Refused.... What Now

Conmc88

Hi all,

I recently applied for my second holiday visa and I was asked by the oz imagination to provide evidence. I asked what they required and I was told a reference from the employer would do if I could not show bank statements or bus tickets etc,


I provided the reference they required and even put in the reference that my employer was willing to employ me long term at the end of my 2nd year.


Unfortunately they still refused on the ground of lack of evidence,yet I provided every thing they had asked me for.


Any way that's the past now and I have eventually got over the disappointment of the rejection.


The question I'm asking is can I reapply for the same visa

Diddler82

If you genuinely done the work, you should to and give as much proof as possible. Even a letter from the employer may help stating the time you worked there.

Due to the cloudy situation and unclear circumstances of your situations it may not be worth your while.

Question - Did you complete your 88 Days Regional work?

If the answer is a) No b) Some of it c) Not 1 day .. it is going to be a gamble and although it may be granted the 2nd year visa but expect a stern interview upon landing on Australian shores and unless everythign stacks up it will be a very short visit.

mandrake04

OP it might be the case that you are just an innocent victim due to others abusing the system, DIAC are now crossing the tt's and doting the ii's when it comes to 2nd WHV.

Nerveless you should first clarify that your refusal is not also accompanied with a 3 year ban, if there is no exclusion then you will be able to apply for a visa but I would imagine for 2nd WHV they are going ask for the same evidence again.

Maybe consult with an agent.

Batgurl

Appeal it - you are entitled to one appeal under DIAC rules.

I don't see how they can refuse you on the grounds of not enough evidence if you provide them with ample evidence.

Are you sure it's not on the grounds that the work/postcode you did it in doesn't qualify?

mandrake04

Batgurl wrote: »

Appeal it - you are entitled to one appeal under DIAC rules.

does that not cost $1540 tho, I thought appeals have to go through the Migration Review Tribunal.

Who can apply for review?

The Migration Review Tribunal (the Tribunal) reviews certain
decisions made by the Department of Immigration and
Citizenship (the Department). The Department’s letter providing
notification of the decision will specify whether the decision can
be reviewed by the Tribunal and who may apply for that review.
In this form ‘you’ refers to the review applicant. The review
applicant(s) is the person or persons or organisation who is
seeking review of the Department’s decision. The visa
applicant(s) is the person or persons who are the subject of the
Department’s decision. Sometimes the visa applicant is also the
review applicant

What will it cost to apply for review?
An application fee of $1540 is payable in all cases except when
applying for review of a bridging visa decision (including any
related decision to require a security bond) that resulted in a
person being placed in immigration detention.
The Tribunal will refund $770 of your application fee if a
favourable decision is made on your case. If the Tribunal decides
that your application is invalid, you will be refunded the entire
fee paid. If you withdraw your application, the Tribunal can only
refund your application fee in very limited circumstances.
The fee may be reduced to $770 (or $770 will be refunded if
the full fee has been paid) if the Registrar or an authorised
Tribunal officer is satisfied that payment of the fee has caused,
or is likely to cause, severe financial hardship to the review
applicant. Form M11 Request for Fee Reduction is available
from any Tribunal registry or from the Tribunal website.
Supporting documentary evidence is required for all fee
reduction applications.
Where a fee is payable either the $1540 application fee must
be paid in full or $770 of the application fee must be paid and
a fee reduction application lodged with the Tribunal before the
deadline for lodging the application for review.

https://forms.tpt.business.gov.au/smartforms/mrt-rrt/m1-application-form/

AngryHippie

It does, but if you are successful in your appeal, you are refunded the cost as per above.
I thought I was going to need one for my 820. IT went through though.

The other factor in the appeal is that you are allowed to get a witness (employer or referee) to speak on your behalf and state that you did complete the work etc. So it is a far more open process than the initial fill in the form and provide documentation route. Having said all that, it will drag out, can take up to six months to get a hearing date etc. If you legitimately did the work then you must be able to document it somehow.....

mandrake04

AngryHippie wrote: »

It does, but if you are successful in your appeal, you are refunded the cost as per above.
I thought I was going to need one for my 820. IT went through though.

The other factor in the appeal is that you are allowed to get a witness (employer or referee) to speak on your behalf and state that you did complete the work etc. So it is a far more open process than the initial fill in the form and provide documentation route. Having said all that, it will drag out, can take up to six months to get a hearing date etc. If you legitimately did the work then you must be able to document it somehow.....

I think if you are successful you still have to pay the half ($770), if you lose you lose the lot ($1540)

If your application for a review is invalid example outside the 21 days they will refund your application fee of $1540 but that's the end of the matter. No Tribunal hearing and no appeal.

Diddler82

Judging by the lack of response, our answers are not what OP had hoped.

sponge_bob

Diddler82 wrote: »

Judging by the lack of response, our answers are not what OP had hoped.

He more than likely new the answer himself before posting the question, just looking for clarification possibly.

Conmc88

Thats great guys thanks a mill has really helped kinda looking for clarification than anything so thanks