Due to the outbreak of COVID-19 in Australia, the Department of Home Affairs (“DOHA”) had a significant delay in visa processing resulting in many of the visa applications lodged a while ago no longer being desired by the visa applicants.
The (“DOHA”) advised every visa applicant should ensure that they withdraw unwanted visa applications immediately after other visa applications are granted.
DOHA is aware of an increase in SC 408 and other temporary visa applications such as student and visitor visas, lodged during COVID-19 but have not been granted and ceasing more beneficial or desired visas that have been granted in the interim.
While some Department sections have assisted visa applicants in ‘rolling back the unwanted visa grant, this is not supported in the legislation and other sections have refused to do so, requiring new applications to be lodged to replace the unwanted visa.
Please note that in the majority of cases, migration legislation does not prevent a temporary visa from overriding a permanent visa or temporary visa. For example, if a visa applicant has a pending 408 visa application and lodges a 190 visa before his or her 408 visa is granted. The visa applicant has to withdraw the 408 visa immediately once the 190 visa is granted, otherwise, the 190 visa might be replaced by the latter granted 408 visa application.
All visa applicants should disclose their visa application history to their representatives to ensure that their desired visas will not be replaced.
Talk to the migration team at No Borders Law Group today.
Email: [email protected]
Tel: +61 7 3876 4000