If your visa application has been refused, you will receive a letter from the Department of Home Affairs (DHA) specifying why your visa has been refused. These can occur for several reasons, including:

● Invalid passport.
● Failing the character or health requirements.
● Failing to meet the visa relevant eligibility requirements.
● Providing incomplete, false, or misleading information.
● Failing to answer additional requests.
● Disingenuous relationship for partner visa applications.
● Disingenuous position for work sponsorships.
● Lack of proficiency in the English language.
● Breach of previous visa conditions.

Some of the common reasons for existing visas being cancelled include:

• Student visa holders not attending classes.
• Temporary partner visa holders not notifying the Department of Home Affairs (DHA) of the relationship ending.
• Visa holders providing fake documents/information or failing the character test.

If your visa application is refused, you may appeal that decision at the Administrative Appeals Tribunal (AAT) – if you are eligible. All you have to do is submit your application at the AAT, pay the appeal fee, prepare your case, and attend the review hearing.

Get in touch with our visa appeal lawyers today to see if you are eligible to review your application.

If your visa application was refused while you are outside of Australia, you may not have review rights until you return. The review rights, while you are overseas, are based on several factors. So, it is best that you speak with our visa refusal lawyers for specific advice.

1. Assessment

Before filing for a visa refusal appeal, you should first assess whether your application is eligible for appeal as per Part 5 of the Migration Act 1958. The Act outlines visa applications that can be reviewed by the Administrative Appeals Tribunal (AAT).

It is recommended that you check with your visa appeal lawyer regarding your visa refusal appeal eligibility or if you believe the Department of Home Affairs (DHA) has incorrectly advised you or your reviewed rights.

2. Appeal submission

Once you have confirmed your eligibility, you can submit a visa refusal appeal to the AAT within the statutory time limitations. You can either apply online at the AAT’s official website or send a paper application.

Unfortunately, the time for a visa refusal appeal is very limited – you must generally send the request within 21 days after the DHA’s decision notice. It is important that you lodge your application within the due date otherwise you will lose the opportunity to have it reviewed.

3. Fees – Administrative Appeals Tribunal (AAT)

To review your visa refusal appeal application, you may need to pay an additional fee of $3,153.00. However, if you are having financial difficulty, you may be eligible for a discount up of to 50%.

To review a visa cancellation on character grounds the fee is $1,011.00.

Most importantly, you are required to pay the fee before your visa refusal appeal submission deadline. Refunds of the application are applicable in limited circumstances, such as if the application is deemed invalid. If the appeal decision is made in your favour, the AAT will refund 50% of the full or reduced fee you have paid.

Once you have completed your visa refusal appeal submission, the AAT will send you a confirmation letter detailing what will happen next as they review your request.

4. Case preparation and hearing attendance

Now, you are required to build up a strong case against the DHA’s decision. This is where engaging Nevett Ford’s experienced visa refusal lawyers will be extremely beneficial to you – we will prepare a comprehensive case on your behalf arguing why you should be granted a visa.

We will also represent you at the AAT’s hearing, and assist you with compiling the with compelling evidence and facts to support your case. We will be transparent with you throughout the process as to whether you have a strong case to present to the AAT member. We ensure to work closely with you to receive the best possible outcome in your circumstances.

5. Request for further information

In some cases, the AAT will ask for further information after the hearing based on issues that were raised. This may include medical reports, letters of support, or other relevant documents.

6. Receive the decision

In some cases, the AAT may give its decision on the spot at the hearing but generally, you will receive a decision anywhere from 2 weeks to 2 years to after the hearing.

If the AAT decides in your favour, the matter will be remitted back to the DHA where they will either revoke the visa cancellation or grant the refused visa. There have been rare cases where the Department may refuse the visa once again on a different ground. If this is the case, the matter can be appealed to the AAT once more.

If your appeal fails at the AAT – the decision is “affirmed” – you may appeal that decision to the Federal Circuit Court of Australia (FCCA) if there are grounds for judicial review. You may also appeal to the FCCA if you believe the AAT has erred in its decision.

In addition, you can apply for Ministerial Intervention if your appeal fails at AAT. It is best to consult your visa appeal lawyer on the best course of action pertaining to your case before making any decision.

However, if your visa was denied because you failed the character test, then you may be banned from applying again for another visa.

Yes, you can. You will normally be issued a “Bridging Visa” while your visa refusal application is going through the appeal process. This will enable you to stay in Australia until an outcome has been reached.

In some cases, yes. However, you cannot appeal a decision if it was made by the Minister personally. Get in touch with our visa cancellation lawyers for more in-depth advice regarding your application.

You are not obligated to engage a visa appeal lawyer or visa cancellation lawyer to submit an appeal to the Administrative Appeals Tribunal (AAT). However, it is highly recommended that you do so.

The appeal process and procedure are extremely precise and time-sensitive; hence, legal assistance and advice from experienced lawyers are beneficial in ensuring a favourable outcome.

Our visa refusal lawyers have up-to-date specialist knowledge in migration law and can give you the best possible chances of success by presenting a well-prepared case to the AAT.