Has your Australian visa been refused? You may have the right to appeal.
A visa refusal can be incredibly stressful, but it doesn’t necessarily mean that your migration journey is over. You may be entitled to appeal the decision and ask for a review of your case at the Administrative Appeals Tribunal (AAT). Nearly all onshore visa applicants have the right to appeal.
Time is of the essence…
When it comes to visa appeals, you need to move fast. Your refusal letter will state how long you have to request a review. There’s generally a 21-day window to apply and this cannot be extended.
If you’ve recently received a refusal letter and want to discuss your options with a Registered Migration Agent, get in touch as soon as you can. The professionals at True Blue Migration have successfully overseen numerous AAT appeals and can advise you on the likelihood of success.
What does it involve?
The AAT is independent of the Department of Immigration and Border Protection. They can overrule a decision if, for example, a Case Officer has made an error and your visa application has been unfairly declined. Case Officers are human and this does happen quite regularly.
In order to prove that your application is valid, you’ll need to provide the AAT with sufficient evidence. If you use a Registered Migration Agent to manage your appeal, they will work closely with you to produce a highly detailed submission. They’ll also determine whether your application could be strengthened through the addition of statements from community organisations, employers and family members. Each refusal is assessed on a case-by-case basis.
What about your current visa?
If your appeal is lodged within the time limit then your current visa will remain valid until a final decision has been made. For example, if you’re on a bridging visa with work rights, you can continue to work.
What will happen at the AAT?
Once your appeal has been properly reviewed, the AAT will either uphold the original decision, request that your application is reconsidered by the Department of Immigration and Border Protection, or completely overturn the decision.
If your application is sent back to Immigration for review, it is highly likely that the refusal will be reversed. If the decision is overturned or if Immigration approves it, you’ll be refunded 50% of the AAT fee.
Get in touch
As we already said, if your visa has been refused then it’s vital that you seek professional advice as soon as possible. With a three-week window to lodge your appeal, there really is no time to waste.
Our management fee will depend on the complexity of your case. We’re happy to provide a free quotation.
Call (WA) 08 6189 5333 (VIC) 03 9038 9070