Visa Refused Due to a Protection Order Against Me – What are My Options?
Receiving a visa refusal is always a challenging experience, but it can be particularly complex and concerning when the refusal is linked to a character reason, such as a protection order (for example, AVO or DVO) against you. These orders directly impact your character assessment for the visa application, as Australian immigration law places a strong emphasis on character to ensure the community is safe.
What are the Protection Orders, and how do they Impact Your Visa Application?
A protection order, such as an Apprehended Violence Order (AVO) or a Domestic Violence Order (DVO), is issued by a court to protect an individual from violence, harassment, intimidation, or stalking. While it is not a criminal conviction, breaching such an order can lead to criminal charges.
Impact on Visa Applications:
Being subject to a protection order or having breached one can lead to a failure of the character test under Section 501 of the Migration Act 1958. This is a common reason for visa refusal or cancellation.
The Department of Home Affairs (DoHA) will assess whether you pose a risk to the Australian community.
Your history may also trigger other Public Interest Criteria (PIC) related to your character or past conduct, further complicating your application.
Why Was My Visa Refused?
Your visa was likely refused because the Department determined that:
You failed the character test due to the protection order or associated conduct.
You did not disclose the order, which can be considered providing false or misleading information. This can also trigger a visa refusal under Public Interest Criterion (PIC) 4020.
I Have An AVO /DVO on My Record. How Does that Affect My Visa?
What are Your Options After a Visa Refusal Due to Character?
Learn the reason for the refusal by carefully reviewing the refusal letter. The letter will detail the specific legal grounds and reasons for the decision.
Contact Jason Ling, an Accredited Specialist in Immigration Law at Agape Henry Crux, for professional advice and guidance. He specialises in complex visa matters and can analyse your specific case to determine whether there are grounds to challenge the refusal and explore potential waivers or other visa pathways (provided you meet the visa eligibility requirements).
If you are eligible, you may have the right to apply for the Administrative Review Tribunal (ART) for a merits review of the refusal decision within a limited time period. The ART will reconsider your case based on its merits and all available evidence. It is best to engage with an immigration lawyer to address the grounds of your refusal.
At the same time, gather supporting evidence to support your appeal claim.
In very limited and exceptional circumstances, and if all other review avenues are exhausted, you might request Ministerial Intervention (if eligible). This is a discretionary power of the Minister, exercised only when compelling and compassionate circumstances are present. The Minister recently updated their selection criteria on the type of cases they will consider.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
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How Can Agape Henry Crux Help You?
Both Accredited Specialists in Immigration Law at Agape Henry Crux - Jason Ling or Angela De Silva - specialise in handling highly complex matters. You can book a Migration Planning Session with our team by calling 02-8310-5230 or emailing us to schedule a time at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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