When the department of Home Affairs refuses your nomination or visa, it can come as a major blow.
Although you’re dealing with a very stressful situation, you need to be aware of your visa appeal rights and act in a timely manner.
Almost all onshore refusals have appeal rights. This means you can lodge an application to the Administrative Appeals Tribunal (AAT) to review the decision made by the Case Officer.
When it comes to appeals, time really is of the essence. If you want to appeal the decision, do not delay.
AAT processing times depend on the subclass you have applied for.
The AAT received a record number of appeals during the 2018-19 financial year, which has impacted processing times.
In most cases you will be able to remain in Australia on a bridging visa whilst your appeal is processed. Bridging visas normally come with the same conditions as the previous visa you had.
If your application fails, you may be able to apply for another visa. In certain situations, you may be able to make an application for ministerial intervention or take your case to court.
We have successfully managed many AAT appeals. We put together a detailed submission on your behalf by analysing current Case Law, interpreting the Migration Act and Regulations and reviewing the Case Officer Policy Advisory Manual. We also look at other ways your case can be strengthened, such as statements from business, community, social or political organisations.
We can determine your eligibility to appeal your visa refusal. Please complete our online assessment form and we will provide information on the steps, fees and process.
Visas are refused for many reasons, but some include: