What are they and what Happens if You are Refused One? (2024)

In Queensland, a Blue Card is required to be issued to people wanting to work or volunteer with children or operate a child-related business. The purpose of the Blue Card system is to protect children.

The legislation that governs the issue of Blue Cards to applicants is the Working with Children (Risk Management and Screening) Act 2000 (Qld) (the Act).

The Blue Card system is administered by Blue Card Services, which is part of the Queensland Government’s Department of Justice and Attorney-General.

There are a range of penalties for not complying with the Blue Card system laws, some of which are very severe. For example, an individual who works in a workplace with children without a Blue Card faces a maximum penalty of$66,725 or 5 years imprisonment.

If a Blue Card application is refused by Blue Card Services, the applicant receives what is called a “negative” notice. The applicant can make an application to the Queensland Civil & Administrative Tribunal (QCAT) to review the decision to refuse the application for a Blue Card and issue a negative notice.

An application for review must be made to QCAT within 28 days of notification to the applicant of the decision to refuse the Blue Card.

A negative notice is issued to an applicant in the circ*mstances set out in the Act, most commonly where the applicant has committed disqualifying offences, usually against children. There are also serious offences in respect to which, if the applicant has been convicted, there is a presumption against the granting of a Blue Card.

However, even if an applicant has not committed a disqualifying offence or a serious offence, section 221(2) of the Act allows Blue Card Services, where satisfied that the application is an exceptional case in which it would not be in the best interests of children to issue a positive notice, Blue Card Services must issue a negative notice to the applicant.

There is no definition of what is an exceptional case, and section 221(2) of the Act essentially provides a very wide discretionary power to Blue Card Services to reject applications for a Blue Card. If this discretionary power is not used reasonably and responsibly by Blue Card Services, it can lead to injustice being suffered by the applicant.

Thankfully, QCAT, in considering appeals by applicants who have had their Blue Card applications rejected by Blue Card Services on the ground of it being an exceptional case, provides some guidance on the issue.

The most important element of what comprises an “exceptional” case is what is in the best interests of children.

QCAT has identified both risk factors and protective factors that need to be balanced when considering an applicant’s case for a Blue Card.

Risk factors

  • Past offences
  • Childhood history of abuse and neglect
  • History of broken parenting and family bonding
  • Loss of cultural identity
  • Earlier history of managing stress through alcoholism and dysfunctional behaviour
  • Opportunity for contact with children in future work who may be vulnerable

Protective factors

  • Narrow time frame of the offending behaviour
  • Age then, and now, with increasing maturity
  • Candour in acknowledging offences and vulnerability
  • Lack of resentment and blame on others
  • Acknowledging responsibility
  • A protective and successful parental role
  • Effective stress management post offence
  • Stable relationship
  • Social and community interaction

It is also very valuable, in relevant cases, for QCAT to have a report from an experienced psychologist in respect to the applicant. Reports should cover the applicant’s upbringing, criminal history, the applicant’s personality, insights into offending behaviour, any other relevant issue, and then an assessment by the psychologist of the applicant’s risk to children.

If you require a Blue Card and your application has been rejected by Blue Card Services, you should take urgent steps to obtain expert legal advice about your rights. As mentioned, you only have 28 days to appeal such a decision to QCAT.

If you would like legal advice regarding the above, then please contact our Toowoomba lawyers experts at Murdoch Lawyers on (07) 4616 9898.

This publication has been carefully prepared, but it has been written in brief and general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.

What are they and what Happens if You are Refused One? (2024)

FAQs

Do Unis say why they reject you? ›

Universities don't have to give you a reason, but if the rejection has left you wondering you could contact the university to ask for feedback. Try not to take it too personally. Admissions tutors will be sifting through hundreds of applications and it might not always be obvious why it's not good news for you.

What will you do if your visa is rejected answer? ›

After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again.

What does it mean when UKVI says a decision has been made? ›

And what are the chances that it is approved? A decision has been made on your application and your documents are being returned to the Visa Application Centre (VAC). You will be contacted again by the VAC once these documents have been received and they are ready for you to collect.

What happens if your UK visa is refused? ›

You'll get a letter or an email explaining why your application was refused. Your passport will be returned, if it was kept as part of your application. Your refusal letter will explain if you have the right to either an: administrative review.

Can you get accepted after being rejected? ›

The good news: you can get accepted into a college after being denied. But it does require a bit of work on your end—and it also may require some soul-searching to make sure your first-choice college truly is the right choice for you.

Why do students get rejected? ›

The applicant doesn't meet the academic threshold.

Most colleges will base an admissions decision on all aspects of a student's application and not just grades and test scores, but admissions counselors want to know that students have a strong enough foundation to handle challenging courses at their institution.

What is the difference between visa refused and rejected? ›

Visa refusal refers to the act of denying your entry into to a particular country by rejecting your visa application. Visa rejection may happen when you fail to prove your eligibility to visit a particular country.

What does it mean when visa status says refused? ›

What does a visa refusal under section 221(g) mean? A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means the applicant did not establish eligibility for a visa to the satisfaction of the consular officer, as is required under U.S. law, specifically section 291 of the INA.

How can I pass my visa interview? ›

  1. 10 Tips for a Successful Visa Interview. Back to top.
  2. 10 Tips for a Successful Visa Interview F-1 and J-1 Visas. ...
  3. Ties to Home Country. ...
  4. English. ...
  5. Speak for Yourself. ...
  6. Know the Program and How it Fits Your Career Plans. ...
  7. Be Concise. ...
  8. Supplemental Documentation.

What are the chances of getting a UK visa after refusal? ›

Reapplication after UK visa refusal is the most popular option for entry clearance applications, especially visitor or tourist visa applications. However, in case of a 10-year reentry or deception ban, there are no realistic chances of getting a visit visa after a reapplication.

Does visa refusal affect future visa application? ›

No. If your application was refused, applying again with the same information, even with an immigration or travel agent, will not change this decision.

Does visa refusal affect future visa application UK? ›

If you have been refused a visa to any country for any reason, include it in your application with as much details as possible to avoid the 10-year ban. A visa refusal to another country will not automatically lead to a refusal of a UK visa, but a case worker will pay extra attention to your application and documents.

Is UK visa rejection stamped on passport? ›

When you get your visa rejected, most countries place a stamp on your passport stating the same. It is therefore easily accessible to any consular officer who will issue your future permits.

How long does it take for UK visa to be approved 2022? ›

You should get a decision within 12 weeks once you either attend your appointment at the visa application centre or when you submit your online documents after completing the ID Check app.

How long does a UK visa take after a refusal decision is overturned? ›

If my appeal is successful, how long will it take to get a visa? Assuming your immigration appeal is successful, the judge will advise UKVI of the decision. It may take up to 12 weeks until after the appeal decision for this to be processed by UKVI.

What should I do if I am rejected? ›

Give yourself credit for trying.

You took a risk — good for you. Remind yourself that you can handle the rejection. Even though you were turned down now, there will be another opportunity, another time. Get philosophical: Sometimes things happen for reasons we don't always understand.

How should I react if I get rejected? ›

If your fear of rejection is holding you back from doing the things you want to do, then you need to watch this.
  1. 1) Don't Insult Them. ...
  2. 2) Do Accept the Rejection. ...
  3. 3) Do Be Honest. ...
  4. 4) Don't Try to Change Their Mind. ...
  5. 5) Don't Rule Out Friendship. ...
  6. 6) Do Remember That They Don't Owe You Anything. ...
  7. 7) Don't Overthink It.
5 Oct 2022

What should I do if I got rejected? ›

Keep going!
  1. Talk yourself up. If you're dealing with rejection from a job, it's easy for your confidence to take a hit. ...
  2. Focus on your strengths. ...
  3. Ask for feedback. ...
  4. Try to stay positive. ...
  5. Keep your options open. ...
  6. Know that it's not just you.

Why are people rejected? ›

Very low self-esteem can be a major reason why you are getting rejected always. When you lack confidence, which is required in almost all aspects of life, you are not allowing yourself to grow. You also allow others to pull you down and strip you of your opportunities.

What to do if a school rejects you? ›

How to Deal with College Rejection
  1. You Can Write an Appeal Letter. ...
  2. Know You are not alone. ...
  3. It's not personal. ...
  4. Don't Dwell on the “what ifs” ...
  5. Celebrate the acceptance letters. ...
  6. Embrace the schools that did accept you. ...
  7. Consider Your other options.
12 Apr 2022

What happens when you get rejected many times? ›

Always feeling rejected can lead to: further feelings of low self-esteem. depression and anxiety. social anxiety disorder.

How do I know my visa is approved? ›

Check the Status of Your Visa

You can check the status of your application any time at this website: https://ceac.state.gov/CEACStatTracker/Status.aspx.

Can you appeal a refused visa? ›

A denial of the initial visa petition, such as Form I-129, Form I-130, or Form I-140, probably is not worth appealing. You have the right to an appeal, but it usually makes more sense to file a new application, even if the denial arose from a mistake by the government.

Is refused and rejected same? ›

Both “refuse” and “reject” can mean not to accept something, but their uses can be very different. Refuse can take a direct object or it can be used with an infinitive verb. Reject cannot be used with other verbs. It only takes a direct object.

Do they tell you why your visa is rejected? ›

For visa denials, the law requires that almost all visa applicants be informed verbally and in writing the basis for the denial. We would have told your friend/relative the reasons they were denied a visa during the time of their interview.

Which country rejected visa most? ›

Applicantion Refusals
No.Schengen consulateRefusal Rate
1RUSSIAN FEDERATION1.55%
2CHINA3.73%
3INDIA9.34%
4TURKEY8.45%
67 more rows
14 Feb 2020

How do I know if my visa is refusal? ›

Upon visa refusal, you will get a letter from the consulate stating the reason for refusal. This will help you reapply after a specific period of time by rectifying the mistake. Also, some of the consulate websites provide the visa status with the reason for rejection, if any.

How can I impress my visa officer? ›

When your turn for the interview comes, enter the room with a smile, greet the officer with a warm hello or hi. S/he may ask you 'how are you doing'. Reply politely and thank them for asking. If your visa is granted, thank them politely and leave.

How long does a visa interview last? ›

You can expect to be at the Embassy or Consulate for approximately two to three hours. The interview with a consular officer is the last step in a two-step process and typically lasts just a few minutes. Prior to the interview staff will collect, data-enter and review your application.

What happens if you fail your visa interview? ›

Re-apply in the Same Country

You must identify and rectify the reasons which may have caused the rejection. If you had a visa interview, you can ask the visa officer the reason for rejection. In case you weren't required to appear for an interview then you will receive a document stating the reason for rejection.

How will you know if your UK visa is approved? ›

You will receive a communication from UK Visas and Immigration regarding whether your visa has been approved or denied, typically in the form of a letter, a text message, and/or email. If you are outside of the UK, you will receive a sticker (called a “vignette”) that allows you to travel to the UK.

What causes a UK visa to be rejected? ›

The applicant has overstayed or submitted false documents on a previous trip to the UK. The applicant does not comply with visa regulations such as submitting to a biometric scan, photograph or provide a medical report. The applicant does not have a valid passport or travel document.

In what cases visa gets rejected? ›

Your application may be rejected if you have been denied a visa into the country (or other countries) previously, or if you have a history of having overstayed in a country, or if you have performed activities that are not allowed under a particular visa category in the past, etc.

Why does embassy hold your passport? ›

When your visa is approved, the interviewing officer will still need to keep your passport and documents for a period of time in order to complete administrative processing. You will be able to obtain your passport with your visa packet once the packet is ready for pickup.

What do visa officers check? ›

Through the CCD, the consular officer can see whether you have applied for a visa in the past, and whether the visa was granted or denied. The officer can also see any comments that the prior officer made about the application.

Do I have to pay again if my passport application is rejected UK? ›

A rejected application loses its priority. We will return any fee sent with the application unless the application is rejected after we have started processing it, in which case we will retain the fee and either credit it to a renewed application or refund it upon request.

Why would you be refused a passport UK? ›

For example, you may not get a new passport (or your existing passport may be taken from you) if: you're suspected of a serious crime and an arrest warrant has been issued. a court order stops you having a UK passport or restricts your travel. you're on bail and bail conditions mean you cannot leave the UK.

Does UK embassy verify documents? ›

Verification & Interview

Home Office will verify the information & documents that you submit. Normally, the decision is taken on the basis of documents submitted, but they may be called for an interview.

Where are UK visa decisions made? ›

Eligible applicants who apply via the priority service should receive a decision within 5 working days of their appointment at the visa application centre (for overseas applicants) or within 5 working days of either the day of their appointment at a UKVCAS appointment centre or the working day after having finished ...

How can I speed up my UK visa application? ›

To get a decision within 5 working days

If you're eligible you can choose the 'priority service' when you apply. You'll need to pay £500 in addition to the application fee. You'll get a decision within 5 working days.

What are the stages of UK visa application? ›

UK Visa Application Process
  • Find out if you need a UK visa.
  • Chose the right UK visa type.
  • Complete the online application form.
  • Collect the required documents for a UK visa application.
  • Schedule a UK visa appointment.
  • Attend the UK visa interview.

Do you get an email if your UK visa is refused? ›

If your application is refused

You'll get a letter or an email explaining why your application was refused.

What to do if you are refused a UK visa? ›

You can make a reconsideration request if you believe immigration rules or policies weren't followed correctly when the decision was made. You must be in the UK to make the request.

What are the chances of winning immigration appeal in UK? ›

How long does it take to get a visa after an appeal? The present refusal rate for UK visa applications is around 15%.

Can I ask a university why I was rejected? ›

There is no rule keeping denied students from asking admissions officers the reason for the decision. However, it's very much likely for them to get a generic response or none at all. It's a better idea for denied students to ask admissions officers what they could do for increased admissions chances.

What do you say to someone who got rejected from uni? ›

How to Help Your Friend Who Got Rejected From Their Dream School
  • Remind them it isn't personal. At the end of the day, college admissions is pretty much based off of luck. ...
  • Tell them how proud you are of their hard work. ...
  • Distract them. ...
  • Get them excited about other options. ...
  • Remind them that pain will pass.
18 Jan 2018

Can Unis change their mind after rejecting you? ›

Technically yes. The likelihood is unlikely. If the University was considering maybe accepting you but not outright accept you, they would inform you that you have not been accepted at this time, but they are keeping your application on a waiting list.

What are the most common reasons for rejection? ›

Common reasons for rejection
  • Incomplete data such as too small a sample size or missing or poor controls.
  • Poor analysis such as using inappropriate statistical tests or a lack of statistics altogether.

How do you deal with rejection? ›

If your fear of rejection is holding you back from doing the things you want to do, then you need to watch this.
  1. 1) Don't Insult Them. ...
  2. 2) Do Accept the Rejection. ...
  3. 3) Do Be Honest. ...
  4. 4) Don't Try to Change Their Mind. ...
  5. 5) Don't Rule Out Friendship. ...
  6. 6) Do Remember That They Don't Owe You Anything. ...
  7. 7) Don't Overthink It.
5 Oct 2022

What do I do if my application is rejected? ›

6 ways to deal when you're rejected for a job
  1. Talk yourself up. If you're dealing with rejection from a job, it's easy for your confidence to take a hit. ...
  2. Focus on your strengths. ...
  3. Ask for feedback. ...
  4. Try to stay positive. ...
  5. Keep your options open. ...
  6. Know that it's not just you.

What happens if you get rejected by all university? ›

If you've received multiple university rejections, don't worry. Anyone who has already applied to university through UCAS can use the free UCAS Extra service to continue applying for courses. You can even apply for a different subject to your original choice if you've had a change of heart.

What is a smart way to say rejected? ›

Some common synonyms of reject are decline, refuse, repudiate, and spurn. While all these words mean "to turn away by not accepting, receiving, or considering," reject implies a peremptory refusal by sending away or discarding.

How do universities deal with rejection? ›

How to handle rejection from a university: students' tips
  1. It doesn't mean The End. ...
  2. Don't let one failure define you. ...
  3. You might end up enjoying a different course more. ...
  4. Taking a bit of time out could be really beneficial.
18 May 2022

How long does it take for a uni to reject you? ›

There's no set waiting time. Some students will hear back in three days and some three weeks. This is completely normal and not a reflection of your application.

How do you prove rejection? ›

Five ways to rejection-proof your real estate business
  1. Laughter defuses the pain associated with rejection. ...
  2. Ask “why” before “goodbye.” ...
  3. When you receive a no, ask for something less. ...
  4. Collaborate, don't contend. ...
  5. Switch up, don't give up.
9 Nov 2015

How do you turn a rejection into acceptance? ›

  1. Try to work out what they didn't like. ...
  2. Offer something else instead. ...
  3. Offer your piece elsewhere. ...
  4. Break it up. ...
  5. Offer it for free. ...
  6. Give them something similar but different. ...
  7. Publish it yourself. ...
  8. Final thought: Don't give up.
13 Mar 2020

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