Invitation to Comment
Your Australia visa application might get approved or rejected. Before it is rejected, you may also be issued with an invitation to comment letter.
The invitation to comment letter is not a negative decision. Still, it’s an indication that something is not clear and that the authorities need more information to decide on your application or appeal.
You may need to clarify a small matter, or it may be a MAJOR issue regarding non-compliance with the Immigration Regulations. You may also be required to submit documents, sometimes the Department of Immigration may ask you for an in-person interview with the immigration authorities.
An invitation to comment often needs a prompt and comprehensive response. Failure to respond or failure to do so in time may lead to automatic refusal or cancellation of your visa.
The “Invitation to Comment” stage shouldn’t be intimidating if you are well-spoken and organized, and knowledgeable of visa requirements and regulations. Easymigrate consultants can advise you, even coach you and help prepare and build a strong case for you.
What is Invitation to Comment?
An invitation to comment is, in many ways, your last and best chance to present your arguments with evidence in the best possible way to get your visa application approved. It is your last chance to overturn the Department’s intended decision to refuse/cancel your visa.
Issuance of the invitation to comment letter is done under Section 57 of the Migration act. Immigration officers must issue the letter so a visa applicant/holder can comment or respond to information that the officer considers may be the reason (or part of the reason) for a negative decision under review.
Invitation to Comment Timelines
Strict timelines for response apply. Time periods range from between 7 to 70 working days. If you miss the deadline for submitting your response, you may lose your chance to appeal your case.
The Department may extend the time for response for a further prescribed period. The period for response runs from the date of the notice. If an extension is granted, the legislation stipulates that it is to run from the date the applicant is notified of the Department’s decision to extend time.
What Happens When Visa Applicants/Holders Fail to Respond?
Failure to respond to the request means that the applicant loses his/her chance for a hearing or case review with the immigration department or the Administrative Appeals Tribunal. They will then have the discretion to uphold or set aside the visa denial or cancellation.
Invitation to Comment: Interviews and Written Submissions
When the Department or AAT invites you to provide additional information or comment on specific details, the invitation letter will state whether that should be done in writing, over the phone, or at an interview.
Beware that giving false or misleading information in matters relating to visas can automatically disqualify you from the chance of approval (new applicants) or reinstatement (cancelled visas).
Before the in-person interview, phone interview, or written submission, adequate preparation under the guidance of immigration experts is strongly recommended. The answers you give in your submission should be consistent with what you said in the application. Sometimes you may have “omitted” some information. Sometimes you may be able to add a further “clarification”.
How Easymigrate can help you?
It is vital to use this chance effectively to help your case in visa refusal or visa cancellation appeal. Consider the benefits vs. implications of working with professional representatives vs. preparing the case yourself.
At Easymigrate, we have teams of specialized migration experts that can assess every aspect [http://www.easymigrate.com/online-assessment/] of your visa application to identify aspects that need strengthening with additional facts and documentation.
After the assessment, we provide you a comprehensive checklist of possible issues with your visa application and the right responses to help turn around a looming negative decision.
We are trained professionals in migration matters in Australia. We can help your case by leveraging our experience, knowledge, and skills to guide you through what can be an anxious and stressful time to obtain a positive outcome in the end.
Invitation To Comment After Visa Application
Before deciding to reject your visa application, the Department can provide you with the relevant information that specifies the reasons or part of the reasons for the refusal. The information must be specific to individuals.
So before they refuse your application, the Department will send you comprehensive information to ensure that you understand the cause of the negative decision. You may be invited to comment on it, in which case you should respond within the specified time.
Causes of Visa Refusal
- Not being clear on why you want to move to Australia.
- Failure to provide a relationship timeline for a partner visa
- Failure to submit English language proficiency test scores
- Inadequate ties to home country
- Failure to meet character or health requirements
- Incomplete application
- Lack of financial support proof
Invitation to Comment Following Changes In Circumstances
Information that applicants provide in a visa application can be edited or topped up after submitting the application. Changes are allowed any time before the Department decides to approve or refuse your application. Beware though that the Department does not delay ruling on your application simply because you have requested to provide new information.
After obtaining the visa, a change of circumstances as listed below can prompt an invitation to comment from the immigration authorities:
- Change of relationship; breakup or death of a partner
- Death of sponsor
- Change of passport details
- The birth of a new baby while in Australia
- Change of study situation
- Change of residential address
Invitation to Comment After Visa Refusal Appeal
Please note that an Australian visa refusal is not the end of the road [http://www.easymigrate.com/our-services/reviews-and-appeals/] . Applicants may get the decision revised by submitting an appeal to the Administrative Appeals Tribunal. The AAT then reviews your case and may send you an invitation to comment so they can decide whether to overturn or uphold the Department’s decision.
Invitation to Comment After Visa Cancellation Appeal
Once granted, Australian visas can be cancelled for various reasons, including:
- The visa holder has breached a visa condition.
- The Department suspects that visa conditions are being breached.
- The visa holder is facing criminal charges.
- The visa holder provided false and misleading information.
Australian visa cancellations are appealable with the Administrative Appeals Tribunal. After you submit your appeal to the AAT, the tribunal may set a hearing date and invite you to comment. You may be required to attend in person, via video link, or make a written submission. You are allowed to have a legal representative with you at the hearing.
At Easymigrate, we are experts in Visa Applications, Visa Refusal Appeals, and Visa Cancellation Appeals. Before you respond to the invitation to comment, we can review and strengthen your case by pre-empting the Department or Tribunal’s questions and analysing the information given in the invitation letter.