Visa Refusal
Appealing Visa Refused to the AAT
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If your Australian visa has recently been refused or cancelled, you may be eligible to apply for an appeal with the Administrative Appeals Tribunal (AAT).
The AAT is an independent body that has the power to re-assess the original decision made by the Department of Home Affairs and determine whether the applicant meets the minimum requirements for obtaining the visa.Note that not all the decisions are reviewable. A review application of a visa refusal/visa cancellation must be made to the AAT within a strict time limit.
Contact our experienced migration agents and we will review your documentation, who will then initiate a case strategy and prepare and submit your application to the AAT on your behalf. Further to this, our team will provided detailed submissions and responses to the AAT ensuring that you have the best chance to win your case at the AAT and have your visa refusal or visa cancellation overturned.
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Why is My Visa Refused?
Be informed.
The Department of Home Affairs has the right to refuse any visa application that they may consider does not fall under the required legislative requirements in their assessment.
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It is vitally important to read through your refusal letter and determine if the Department made the correct assertions in their decision.
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Our team are able to completely qualify your prospects of success, and instead of just making you apply for an AAT Review for the sake of it like some scrupulous migration agents and lawyers may advise, the best situation may even be not to appeal the refusal decision but rather sit back and consider alternative options such as applying for the visa again once you qualify for the requirements as noted in your refusal letter.
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We are able to provide you the reasoning of why your visa application has been refused, and furthermore provide an assessment of the options that may be available to you.
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The Department of Home Affairs has the right to refuse any visa application that they may consider does not fall under the required legislative requirements in their assessment.
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However, it is key to understand that as Case Office from the Department has made this decision, that if another Case Officer would make the same decision. It is vitally important to read through your refusal letter and determine if the Department made the correct asertions in their decision.
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Our team are able to completely qualify your prospects of sucsess, and instead of just making you apply for an AAT Review for the sake of it like some scrupulopus migraiton agents and lawyers may advis, the best siutaiton may even be not to appeal the refusal decision but rather sit back and consider alternative options such as applying for the visa again once you qualify for the requirements as noted in your refusal letter.
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e are able to provide you the reasoning of why your visa application has been refused, and furthermore provide an assessment of the options that may be available to you.
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How Much Time to Appeal Visa Refusal?
Depending on your location and visa application.
The general rule of thumb is that if you applied your visa onshore in Australia and you are currently in Australia, then you may have up to 28 days to make a appeal to review your visa refusal to the Administrative Appeals Tribunal (AAT)
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For some cases this time frame may be shorter or longer depending on a number of factors.
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Should I Appeal My Visa Refusal?
Be informed.
There are many reasons on why your visa application may be refused.
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The reasons can vary from lacking of evidence, character issues, monetary reasons, and so forth.
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The main consideration to make your decision if you would like to appeal your visa refusal is to properly read through your visa refusal, and with assistant of a registered migration agent to understand if you are able to address the shortcomings.
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The costs to appeal a visa refusal is also another key consideration that should be made.
The current fees to appeal a decision to the AAT is $1,826. In addition to this is our professional fees if you choose for to represent your matter.
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If we strongly believe there are indeed strong grounds for the AAT to set aside your visa refusal and substitute this decision for a favourable decision then we would put forward that this is the best way to move forward. As having a visa refusal against your name especially whilst you are onshore may indeed place you in an extremely tight citation as you may be subject to s48 of the Migration Act, that means that you will be unable to apply for most other visas onshore apart from certain visas such as a Protection Visa , or a Partner Visa is there are significant compelling and compassionate circumstances. This is why this phrase is more commonly known as "s48 Bar", as you are barred from applying for most visas.
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Our team are able to completely qualify your prospects of success, and instead of just making you apply for an AAT Review for the sake of it like some scrupulous migration agents and lawyers may advise, the best situation may even be not to appeal the refusal decision but rather sit back and consider alternative options such as applying for the visa again once you qualify for the requirements as noted in your refusal letter.
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