Visa Refusals

If your application for an Australian visa, nomination or sponsorship has been refused, you may have appeal rights 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.

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
• Exemptions To The Residency Requirement

Are there time limits for seeking merits review?

Strict time limits apply to applications relating to decisions about visas made by the Department of Home Affairs.

The time limit for making an application to the Tribunal is usually 21 days after you receive the decision you want to review.

What happen after the Tribunal decision?

When the AAT reviews a decision, they have the power to affirm, set aside or remit the decision.

Affirm:

If the tribunal affirms the decision under review and decided that the decision under review should not be changed. The effect of this is that the decision remains in force. Speak to us at this stage to determine your prospects of judicial review.

Set aside:

If the tribunal set aside the decision under review, and require that the decision should be changed. The Tribunal may replace (substitute) the decision with a new decision.

Remit:

If the tribunal remits the decision under review, it has decided that the decision should be reconsidered. The effect of this is that the department is required to reconsider the application having regard to any directions made by the Tribunal.

Key Takeaway

Apart from the obvious implications for your existing visa, refusal or cancellation can have unfavourable impacts on future visa applications.

We offer a simple step by step process to prepare all aspects of the Appeal process including written submissions to the Tribunal, preparation and collection of evidence to be used. Finally, we also provide representation and advocate for our clients at the tribunal Hearing.