If you have made an application for a visa, nomination or sponsorship and that has been refused by the Department of Home Affairs you may be eligible to have that decision reviewed at the Administrative Appeals Tribunal (AAT).
If you have lodge an application for a visa, nomination or sponsorship on-shore and that has been refused by the Department of Home Affairs you may have the right to have your case heard and reviewed at the Administrative Appeals Tribunal (AAT). You have 21 days to lodge the appeal from the date you have received your refusal notice.
The AAT undertakes a merits review takes a fresh look at the facts, law and policy relating to the decision. Once the AAT reviews a decision, they have the power to affirm, vary, set aside or remit the decision.
Most common visa refusal are but not limited to:
- Character issues
- False or misleading information
- Genuineness of relationships for Partner Visas
- Genuine position for work sponsorship’s
- English language ability
- Breach of previous visa conditions
- Not meeting Genuine Temporary Entrant conditions
In accordance with Part 5 of the Migration Act 1958 only certain decisions can be reviewed. To be able to take your case to the AAT its best if your matter is reviewed by a Registered Migration Agent. Contact us immediately and so we can review your case and advise you if your matter is eligible for a review at the AAT and what your chances are of success.
It is important to note that strict statutory time limitations apply of 21 days from time of notification. This means that if you do not submit your review application within the specified time limit you will lose the opportunity to have your decision reviewed, this is final and cannot be over turned under any circumstance.
Steps In A Visa Refusal Appeal
- Assess whether an appeal is able to be lodged for the visa refusal
- Lodge an Appeal Application
- Prepare your case and attend your hearing
We will fully review your case providing frank and honest advice on prospects of Appeal and subsequent success or not. We will prepare all aspects of the Appeal including written submissions to the Tribunal, assist in the preparation and collection of evidence to be used, provide representation and attend the hearing with you and advocate for you at the scheduled Hearing.
For more information on appealing a decision please contact us immediately.