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Whichever your purpose for visa application is, whether it’s study, skilled work, tourist, permanent residence, or Australian citizenship, a visa refusal can be heartbreaking.
But the good news is that your application can still be reviewed and you still have a chance to have the initial decision reversed in your favour.
Here, let’s navigate the Australian appeals process, know your next best legal steps to take, and tips to increase the likelihood of your appeal being successful.
It goes without saying that there are valid reasons why visa applications are getting denied by the Department of Home Affairs (DHA). The following are the most common reasons for a visa refusal:
Prior to lodging your application, it’s very important to ensure you have all the documentary requirements ready for submission. As required and optional documents vary per visa type, consider hiring a registered migration agent at Parish Patience Immigration Lawyers to process your requirements minus the hassle and stress.
These are the general and basic documentary checklist for your visa application:
Your visa application may be rejected on character grounds. Some of these involve having a criminal record, from domestic violence and sexual assault, as well as if a person is suspected to have been involved in an organisation that is engaged in criminal activities. Australia’s character requirements is to ensure that it will not allow applicants entry if they are considered a security risk.
Submitting incorrect information, either on purpose or an honest mistake, can result in a refusal visa. For instances involving identity theft, the accused will be banned from applying and may face penalties and imprisonment.
After lodging your application, the Department might still request additional information that you might have missed or simply something they need further to evaluate your case. If you failed to provide what they requested, it’ll get your visa refused.
You must provide proof that you can support yourself financially during the entirety of your stay in Australia. Your financial means will also be evaluated to make sure that you are in a good financial position to return back home.
Specifically for student visas, having health insurance coverage is mandatory. You must then show evidence of you purchasing a health insurance policy to also help yourself in cases of unforeseen medical emergencies during your stay.
Talk to one of our Visa Experts Now.
You can file for a visa refusal appeal at the Administrative Appeals Tribunal or AAT. You can either do it online through the Tribunal’s official website or submit it in paper form. For faster processing and review, an online filing is highly recommended. If someone has nominated/sponsored you for a visa, he or she can file for an appeal on your behalf.
The Tribunal is a court that hears and decides disputes between individuals or groups. Your motion to appeal visa refusal shall serve as your legal request to a higher court to reverse the initial decision of a lower court.
There are many different types of tribunals in Australia, each with its own rules and procedures. Some tribunals are part of the court system, while others are independent bodies set up to deal with specific types of disputes.
Some tribunals can hear appeals from lower courts, while others can only hear cases that have been brought before them directly.
According to the Tribunal’s official website, the fee amounts to A$3,374. You are entitled to a 50% deduction if you can prove that the sum is too high that it might cause severe financial hardship. You can fill up and submit a reduction form using AAT’s website and provide documents to support your case.
It is likewise important to mention that you must pay the necessary fees before the deadline. You can make the payment using electronic fund transfers, MasterCard and Visa credit cards, or cheques.
Not needless to say, processing times for different visa types aren’t the same. Some take longer (or shorter) than others.
For example, the AAT student visa refusal processing time is averaging at 1.5 years or 530 days, while processing time for partner visa appeals can take more than 2 years. On the other hand, visa refusal appeals for a bridging visa can be processed within 19 days.
You must submit your appeal no later than 28 days after receiving the decision, and no longer than nine (9) days if you are in immigration detention.
If your appeal for visa refusal in Australia has been rejected, and that the initial decision has been upheld, your last resort would be to take the matter to the Federal Court.
This can be quite a more stressful and complex process. A lawyer can help you navigate the tribunal system and ensure that your rights are protected. Lawyers can also represent you in appeals to higher courts.
If you have a dispute that you need to take to a tribunal, or if you are considering appealing a decision made by a tribunal, contact an expert immigration lawyer at Parish Patience today!
Our customers are always happy to share their thoughts with us.
Here is what some of them have said!
The team at parish Patience Immigration Lawyers were incredibly helpful throughout the application process. Their assistance made our lives so much less stressful and their expertise cleared up any confusion we had. They remained engaged with us the whole time and quickly responded to any questions with thoughtful, detailed answers. Special thanks to Usman Ali and Shan . We highly recommend the team at Parish patience immigration lawyer for anyone considering help regarding any kind of visa .
Highly recommended lawyers! Extremely professional and reliable service, with outstanding outcomes. A special thanks to Mr Thong and Marlene, for helping us with our difficult case. Not only did they ensure that everything was ready to go, but their professionalism came in favor when we were granted our visa within just under 6 months!
Thong and Marlene helped my partner gain permanent residency in Australia. We did the application ourselves but it turned out lots of information we needed to provide was missing. Thong and Marlene picked our case up and helped amend it. I really appreciate their help and guidance and look forward to contacting them again in the future. I am pleased by their efforts and professionalism.
Successfully handled my case. He had been prompt, caring and very professional in dealing with my case. I am glad to have received very strong support, guidance and service from them. I would highly recommend Parish patience immigration lawyers. I wish the best for their future prospects.
I’m really thankful for the guidance and assistance I’ve received regarding my Partner visa from Shan and his assistance Asha at Parish Patience. They handled my matter professionally and there were clear instructions from the beginning till end. I got my partner visa 820 granted in less than 7 months, thanks to their knowledge and expertise. I wish them all the best and highly recommend Parish Patience Immigration Lawyers for any sort of immigration matters.
If you need to apply for a visa and want every aspect of your application process as smooth as possible, speak to the best migration lawyer Sydney from Parish Patience. With the law firm’s long history of fulfilling dreams of permanent residency for our clients, rest assured that you and your visa application are in the hands of top immigration lawyers Sydney who will make it their sworn duty to fight for your case right from the start. Contact us today!
Here are more common questions regarding visa refusals in Australia for your reference.
Definitely. Reapplying for a visa is your right. But it’s very important to first learn why your initial application was rejected in the first place, as knowing this can help prevent future rejections. It’s best to hire a migration specialist to help guide and fully evaluate your eligibility.
You can file for an appeal if you disagree with the refusal. This is your best course of action if your application is refused. To make sure you’re doing the right and legal steps, partner up with a registered migration agent to help you navigate through the stressful process of lodging an appeal or reapplying.
Yes. Officers take into account your immigration history, including prior visa applications that resulted in a rejection. They will look through your records and check the reasons why you were refused a visa. Still, this doesn’t necessarily mean having past visa refusals will result in automatic rejection. The Department would still check your present qualifications and decide if you now qualify for and/or comply with the eligibility requirements.
