Visa Refusal and Appeals
The Administrative Appeals Tribunal (AAT) conducts independent merits review of decisions of the Department of Home Affairs, including visa refusal and appeal. The AAT takes a fresh look at relevant facts, law, and policy and arrives at their own decision. When the AAT undertakes the review, they have the power to affirm, vary, set aside, or remit the decision.
Not all decisions can be reviewed, and only certain decisions are allowed to be reviewed under part 5 of the Migration Act 1958. Applicants are also required to submit a review application within a specified period as per Australian Migration Law, otherwise they will lose the opportunity of review and need to either leave the country or look for alternate options.
Possible Visa refusal reasons:
Thought there could be any reason to refuse a visa, the most common reasons are as below:
- Not meeting eligibility criteria
- Wrong type or stream of visa applied
- Not enough evidence to support the application
- Incorrect or false information
- Breach of previous visa conditions
- Genuineness of relationship (Partner Visa)
- Not enough financial capability (Student visa)
- Genuine position for employer visa
- Health and character criteria not met
Procedure in Visa Refusal Appeal:
- Review whether the application is eligible for review (In the majority of visa lodged onshore, you are eligible for AAT review of your application).
- Lodge an appeal with AAT within the specified time.
- Prepare and submit a legal submission with the help of existing and additional evidence.
- Attend a hearing if required (We had many successful cases where we were able to get refusal overturned without a hearing).
If you have faced a visa refusal, it is important to understand your rights and options for appeal. The AAT provides an avenue for review and reconsideration of visa decisions. Consulting with an immigration lawyer or a migration agent experienced in visa refusal and appeals can greatly assist you in navigating the process and presenting a strong case for review.
My visa has been refused. What are my options?
You can apply for AAT review within the stipulated time period. AAT is an independent tribunal who will review your case from a fresh perspective.
Can Indeedvisa help with my appeal at AAT?
The Indeedvisa team can help research your case and compare it with similar cases from the past to give you an idea of your chances at AAT.
Can I provide additional evidence for my AAT appeal?
Yes, you can provide additional evidence for your AAT appeal.
Is there a time limit for visa refusal appeals at AAT?
Normal timeline is 28 days from date of decision, but it can vary sometime based on decisions.
My subclass 485 visa was refused due to a wrong stream application. Can Indeedvisa help me?
Yes, if you applied for a graduate stream instead of post graduate stream, we have successfully obtained results in favour of clients. Contact Indeedvisa today for consultation to review and discuss your case.