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 applications can be refused for a number of 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. If you have questions regarding your eligibility to have your matter reviewed or you believe the Department has incorrectly advised you of your review rights please contact us.
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.
Steps in a visa refusal appeal
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: Dont always take the Departments advice outlined in the refusal notification as accurate. We have seen inaccurate information on decision letters on many occasions.
The second step once we have identified that your matter can be reviewed 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 loose 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.