Australian Visa Refusals
If you have made an application for a visa, nomination or sponsorship and that has been refused by the Department of Home Affairs you may be eligible to have that decision reviewed at the Administrative Appeals Tribunal (AAT).
The AAT undertakes a merits review and therefore takes a fresh look at the facts, law and policy relating to that decision.
When the AAT reviews a decision, they have the power to affirm, vary, set aside or remit the decision.
Visa refusals can occur for a few reasons, with the most common being:
- Character issues
- False or misleading information
- Genuineness of relationships for Partner Visas
- Genuine position for work sponsorship’s
- English language ability
- Breach of previous visa conditions
Only certain decisions can be reviewed in accordance with Part 5 of the Migration Act 1958. Please contact us if you have questions regarding your eligibility to have your matter reviewed or if you believe the Department has incorrectly advised you of your review rights.
It is important to note that strict statutory time limitations apply. This means that if you do not submit your review application within the specified time limit you will lose the opportunity to have your decision reviewed.
Not all visa application refusals can be appealed.
Part 5A of the Migration Act 1958 outlines which visa applications can be reviewed by the Administrative Appeals Tribunal.
The first step is to assess whether the decision received by the Department can be appealed.
TIP: Don’t always take the Departments advice outlined in the refusal notification as accurate. We have seen inaccurate information on decision letters on many occasions.
Once we have identified that your matter can be reviewed, the second step is to submit an application to the Administrative Appeals Tribunal (AAT) within the statutory time limitations.
It is incredibly important that your application for review is lodged within the statutory time frame otherwise you will lose all rights to your review.
It is then our job to comprehensively prepare a strong case arguing why the Department’s decision was in error and that you should be granted the visa.
Our team of highly skilled immigration lawyers will work relentlessly on your case and attend your hearing to have the best chances of your visa application decision being overturned.
Professional Legal Representation for Visa Refusals
Ethos Migration Lawyers will fully review the matter, providing frank advice on prospects of your Australian visa refusal Appeal. We will prepare all aspects of the Appeal including written submissions to the Tribunal, assist in the preparation and collection of evidence to be used, provide representation and advocate for our clients at the scheduled Hearing.
If you have any questions about these requirements or would like to speak to one of our Immigration Lawyers for more information on appealing your decision get in touch with Ethos Migration Lawyers today.
Visa Refusals Frequently Asked Questions
Your visa could have been refused for a number of reasons; however, it is generally due to not meeting specific criteria of the visa or failing the character or health requirement.
If your visa is rejected, you may be eligible to appeal that decision at the Administrative Appeals Tribunal. Contact us to see if you are able to review your decision.
There is no difference between these terms. They are just different words people use to describe a visa refusal (or rejection).
If your visa has been refused whilst you are outside of Australia, you may not have review rights until you return. The review rights if you are outside of Australia are based on several factors, so it is best you contact our office for specific advice.
You do not need to engage an Immigration Lawyer or Migration Agent if you wish to submit an appeal with the Administrative Appeals Tribunal however it is highly recommended you do so. Migration Lawyers have up to date specialist knowledge in the field of immigration law and can give you the best possible chances of success by presenting a well prepared case to the Administrative Appeals Tribunal (AAT).
Ethos Migration Lawyers have assisted many clients in all different circumstances achieve successful results at the Administrative Appeals Tribunal. If you are appealing a decision, it is important that you are in experienced and capable hands to maximise your chances of a successful outcome.
If your appeal fails at the Administrative Appeals Tribunal (AAT) (the decision is ‘affirmed’) you can appeal that decision to the Federal Circuit Court of Australia (FCCA) if there are grounds for Judicial Review.
If you believe the Administrative Appeals Tribunal (AAT) has erred in its decision you may have the option to have that decision reviewed at the Federal Circuit Court of Australia.
You will normally be issued a Bridging visa while your visa application is going through the appeal process. This will enable you to stay in australia until an outcome has been reached.
If your Administrative Appeals Tribunal (AAT) appeal is unsuccessful, there may be the option to appeal to the Federal Circuit Court of Australia or to apply for Ministerial Intervention.