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Visa Refusal
Visa Refusals
Don’t worry, if you have received a notice to cancel your visa or have had your visa refused, then we recommend you obtain expert advice.
There are a number of reasons why someone’s visa might be refused or cancelled. It could be due to something as simple as an incorrect application, or it could be because the person is deemed to be a risk to the country’s security. Whatever the reason, it’s important to get expert advice if you find yourself in this situation. A lawyer who specializes in immigration law will be able to help you understand your options and give you the best chance of success in having your visa reinstated.
Here's our knowledge
Why Visa is refused?
Having a visa refused can be overwhelming and stressful and the effects on businesses and individuals can be significant.
In certain circumstances, it may be possible to appeal against a visa refusal decision made by the Department of Immigration and Border Protection (DIBP).
A visa application may be denied because of the following reasons:
- Invalid Passport
- Incomplete Application Form
- Character Requirement Failure
- Missing Documents
- False Information
- Failure to Answer Additional Requests
- Lack of Financial Means
- Lack of Health Insurance
What if Visa application is refused or cancelled?
If your visa is refused or cancelled, you might be able to have the decision reviewed by a merits review tribunal, the Administrative Appeals Tribunal (AAT).
Not all decisions are reviewable by the AAT. For example, if the Minister for Immigration personally decides to refuse or cancel your visa under section 501 of the Migration Act 1958, you cannot apply to have a decision reviewed by the AAT.
The Administrative Appeals Tribunal (AAT)
- It is able to consider a wide range of visa-related decisions, including refusals and cancellations.
- AAT decisions are based on the merits of each particular case.
- Applications must be lodged within the required timeframe, which is typically 21 days from the date of the refusal.
The AAT has the power to:
- Affirm (not change) the DIBP’s decision.
- Vary the decision.
- Set aside the decision, and substitute it with a new decision.
- Return the matter to the DIBP for reconsideration with specific directions.
After AAT Review
The review tribunal will make one of the following decisions:
Affirm:
The AAT will not review a department’s decision to refuse or cancel your visa, so the decision that the department has made will stand.
Set aside:
The AAT has the power to overrule or modify a judgement, and replace it with new one.
Remit:
The Department’s decision must be reconsidered. The Department is required to reconsider the application after taking into account suggestions made by the Australian Administrative Tribunal.
No jurisdiction:
AAT can’t review department’s decision
Learn how and when to apply for a review
When you receive a refusal or cancellation letter, it will state how many days you have to make an appeal for that decision. If you don’t do it on time, you could lose the chance of your application being reviewed.
Can I stay in Australia while my application is being reviewed?
Yes, if you have a Bridging Visa before moving to Australia, you can stay in the country until your application is processed.
What to do if your appeal fails at AAT
There are 2 options if the AAT review is positive:
- If you think there was a legal error in the decision by the department and AAT, you can apply to the federal court.
- When the system has declined your visa application, you can send a written request to the Minister for personal discretion. Usually, they will only accept requests with a very good reason or strong case.
Hope Immigration Services is Here to Help
We understand that it can sometimes be frustrating, stressful and confusing when you want apply for a visa to Australia.
Call us on (02) 8678 5756 to arrange a personal consultation with one of our Australian Migration Agents.
