Australian Visa Refusal – Apply for Review
It is indeed disheartening to receive a visa refusal or visa cancellation in either case of study or migration to Australia.
If you also received a notice from the Department of Home Affairs indicating that your visa application may be cancelled, do not become alarmed! In most situations, there is a solution.
If you also received a notice from the Department of Home Affairs indicating that your visa application may be cancelled, do not become alarmed! In most situations, there is a solution.
Australian Visa Refusal Reasons
While following may not be the exhaustive list for Visa Refusal, here are some of them depending on your case:
- Application for a wrong type of visa
- Failure in proving the financial capacity
- Submission of incomplete or false information
- Sponsor of the applicant failed to meet the requirements
- Unawareness of the course applied for
- No relevancy of the applied course with the current qualifications or experience.
- Failure in providing concrete future plans
- Miscalculation in Points
- Bogus Documents
In majority cases, you may be eligible to approach Administrative Appeal Tribunal-AAT for review of your application.
Know all about Australian Visa Refusal
Who is AAT?
From 1st of July 2015, the working of Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) were incorporated into Migration Division of AAT that reviews the decisions made by the Federal Government.
Administrative Appeal Tribunal is the only body that has authority to review the merits of a visa application.
Administrative Appeal Tribunal is the only body that has authority to review the merits of a visa application.
What does AAT do?
The AAT thoroughly re-examine your case file, considering the evidence presented and relevant legal precedent before coming to a fresh conclusion. AAT reviews all of the forms, documentation, and information you have submitted to the department while re-examining your application.
There is a TIME LIMIT!
You must submit your request for review within the time frame given in the notification letter of decision if you are filing an appeal. The appeal application may also require additional application fees.
What is the time period for processing of the appeal?
The processing time may again vary depending upon the case category. However, generally the durations are long ranging anywhere around 12 to 18 months.
It is only in special cases where you may request for an assessment on priority basis.
It is only in special cases where you may request for an assessment on priority basis.
What is the time period for processing of the appeal?
These are the possible outcomes.
Affirm: Signifies that AAT supports the department's choice to deny or revoke your visa.
The department's choice remains unchanged. the refusal is still in effect.
Vary: This indicates that AAT disagrees with the department's decision to deny or cancel your visa and that your application will be sent again with new guidelines and
recommendations. The Department of Immigration will thereafter receive your application
for further review.
Is there any other chance if my appeal failed at AAT?
If the outcome of AAT review is ‘Affirm’, then you have 2 options further:
Application to Federal Court: This is only permissible in extremely rare circumstances where the AAT's ruling contains a legal error.
Application for Ministerial intervention: You can write to the minister and ask him, on his own initiative, to grant you a visa if you have some compelling arguments. Less requests are answered successfully on average. However, if the Minister steps in, the outcome is typically favourable.
Application for Ministerial intervention: You can write to the minister and ask him, on his own initiative, to grant you a visa if you have some compelling arguments. Less requests are answered successfully on average. However, if the Minister steps in, the outcome is typically favourable.
We advise you to immediately get in touch with our team so that we can promptly help you make an appeal against your Australian visa refusal or visa cancellation.
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