Myanmar Protection Visa Refused: Tribunal Review and Next Steps

← Australian lawyers for Myanmar clients

Myanmar nationals in Australia who arrived on a valid visa have been made a priority caseload for onshore protection visas. Priority means a faster decision. It does not mean every application succeeds, and refusals still happen, often because of problems that could have been dealt with earlier.

If your protection visa has been refused, the most important thing is the deadline.

The deadline to apply to the Tribunal

Most protection visa refusals made in Australia can be reviewed by the Administrative Review Tribunal (ART). If you are not in immigration detention, you generally have 28 days from being notified of the decision to apply. The period is shorter if you are in detention. These time limits cannot be extended, so check the date on your letter today.

Why protection visas are refused

• Inconsistencies between your application, interview, statements and earlier visa applications
• Not enough evidence that the harm you fear is real and personal to you
• Delay in applying, or travel back to Myanmar, without an explanation
• A finding that you could safely relocate within Myanmar
• Character or identity concerns

Many of these can be addressed at the Tribunal with proper evidence and a clear explanation. Some cannot. Knowing which is which is the starting point.

What happens at the Tribunal

The Tribunal looks at your case again from the beginning. You can give new evidence, updated country information and witness statements, and explain earlier inconsistencies. There is usually a hearing, with an interpreter if you need one. How well the case is prepared, and how you respond to the member’s concerns, often decides the outcome.

Your visa while the review is pending

In most cases you remain lawful on a bridging visa while the Tribunal review is pending. Check your conditions, especially work rights and travel, and get advice before leaving Australia, as leaving can affect your application.

If the Tribunal also refuses

You may be able to seek judicial review in the Federal Circuit and Family Court, but only if the Tribunal made a legal error, and strict time limits apply. Ministerial intervention is possible only in limited and exceptional circumstances. Because of the section 48 bar, you may not be able to apply for most other visas while in Australia.

Frequently asked questions

Can I just apply for another visa instead?

Often not. After an onshore refusal, the section 48 bar limits which visas you can apply for in Australia. Get advice before lodging anything.

Who will handle my case?

Our immigration team includes two Accredited Specialists in Immigration Law, and many of our immigration decisions are published on AustLII.

Is what I tell you confidential?

Yes. Consultations are confidential and protected by legal professional privilege, subject to the law. We understand that some clients need particular care about privacy and about family members still in Myanmar.

This page is general information about Australian law, not legal advice. Chua Tan Associates is a Melbourne law firm and does not advise on Myanmar law.