David Coote

The Australian Immigration Place

So often at immigration seminars and in articles I have told the audience that if they have the goal of getting Permanent Residence in Australia, then their starting point should be getting expert advice about how to plan the pathway to achieve that goal. And because Australian immigration regulations change so frequently, friends and relatives in most cases are not able to provide such expert advice.

For example, recently I have had inquiries about what other options there are to stay in Australia if you have already lodged an application for a Protection Visa, commonly referred to as a Refugee visa.

Many people who arrive in Australia on Tourist Visas later apply for a Protection Visa. The main reason they do so is because on the Bridging Visa which goes with it they are allowed to work legally full-time until the application is refused (the chances of it being granted are almost zero). And if their Tourist Visa has the condition “No further stay”, a Protection Visa is the only visa that they can apply for in Australia.

If somebody realises how unlikely it is to have this visa granted, even if an appeal is lodged with the Administrative Appeals Tribunal after refusal, the application could be withdrawn. How long the withdrawal is made after lodgement of the application will determine whether the applicant can apply for any other visa while in Australia.

If the Protection visa application is refused and the refusal upheld by the Administrative Appeals Tribunal, there are two unpleasant consequences:

  • The applicant will have a debt to the Commonwealth which would have to be paid before any application to return to Australia later on could be lodged;
  • The applicant will probably have an exclusion period of at least five years before any such application could be lodged.

The people who talked to me about the Protection visa had already lodged an application and for both of them the
application had been refused. So the possibility of designing a pathway to Permanent Residence for them was very limited.

And who had suggested to them that a Protection Visa application was the right choice to stay in Australia? In both
cases a friend. Why did the friends make the suggestion? Because while that application was being processed the applicant would be able to work full-time. Neither of the friends knew about the potential consequences of a final
refusal.

So I had the unpleasant task of telling them. If you are in Australia on some kind of Visitor Visa or other Temporary Visa and think you might like to stay and settle here, then get advice from a Registered Migration Agent as soon as the idea occurs to you.

Memberships

  • Loins Club , Ku-Ring-Gai Past President
  • Australian Vietnam Business  Association
  • Australian Indian Business Association
  • Hon Member of College of Education

Qualifications:  

  • MA (Sydney Uni)
  • MA Admin (UNE)
  • JP
  • Reg Migration Agent 9577328