APPEALS and REVIEWS

Receiving a visa refusal or visa cancellation when applying to study or migrate to Australia is truly upsetting.

If you have received a Notice from the Department of Home Affairs about the potential cancellation of your visa application, there is no need to worry! In the majority of instances, a solution is possible.

Causes of Visa Rejection in Australia

Although the list provided may not cover all reasons for Visa Refusal, it includes some based on your specific situation:

  • Request for an incorrect visa type
  • Inability to demonstrate financial capability
  • Providing inaccurate or incomplete information
  • The applicant's sponsor did not meet the necessary criteria.
  • Lack of knowledge about the program being pursued
  • The applied course does not align with the individual's current qualifications or experience.
  • Lack of clear future planning.
  • Error in scoring
  • Fake paperwork

In most instances, you may qualify to seek a review of your application from the Administrative Appeal Tribunal-AAT.

What is AAT's identity?

Starting July 1st, 2015, the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) became part of the Migration Division of the AAT, which evaluates decisions made by the Federal Government.

Administrative Appeal Tribunal is the sole entity with the power to assess the strengths of a visa application.

What is the function of AAT?

The AAT reviews your case file again, looking at the facts, laws, and makes a new decision. AAT conducts a fresh evaluation of your application by examining all the documents, evidence, forms, and information submitted to the department.

Is there a time limit for Appeal & Review?

You need to submit the appeal application within the deadline stated in the decision notification letter. An extra fee might also be required for submitting the appeal application.

What is the timeframe for the appeal processing?

The amount of time it takes to process may differ once more based on the category of the case. In general, the timeframes are typically lengthy, lasting from 12 to 18 months.

In specific situations, you can only ask for an evaluation to be done urgently.

What results are possible?

Here are the potential results:

Affirm: Indicates that AAT supports the department's choice to deny or revoke your visa. The department's decision remains unchanged. Therefore, the rejection remains.

Vary: Indicates AAT's disagreement with the department's decision to deny or revoke your visa, and sends back your application with fresh guidelines and suggestions. Afterwards, your application will be sent to the Department of Immigration for additional evaluation.

If my appeal did not succeed at AAT, is there another opportunity available?

If the decision from the AAT review is 'Affirm', then you have two additional choices:

Application to Federal Court: Requesting review by the Federal Court is only possible in rare instances when there is a specific legal mistake in the AAT's decision.

Requesting Ministerial Intervention: Submit a request to the minister asking for personal discretion in granting a visa, supported by compelling reasons. There is a lower number of successful requests. However, typically when the Minister gets involved, the outcome is favorable.

What assistance can be provided by Further Education and Migration Services?

By now, you should realize that requesting a review is a very fragile and intimidating process. This is your final opportunity to have your information evaluated.

The team of certified MARA Agents at Further Education and Migration Services possesses vast expertise in the field and the ability to diligently conduct research, adeptly draft documents, and manage the case file. Having dealt with numerous cases covering a wide range of scenarios, we are able to assess the chances of success, potential problems, or alternative solutions based on our expertise in the field.

We realize the importance to you, so we invest time in thorough research to ensure your appeal is robust!

We recommend you contact our team promptly to assist you with appealing your Australian visa refusal or cancellation.

FAQs About Appeals & Reviews

The rationales for visa denial may differ based on the specific visa you have requested. Incomplete documentation, not meeting health or character requirements, or lacking sufficient evidence of genuine intention to visit or stay in Australia are typical reasons for denial.

You have the option to monitor the progress of your visa application using the Department of Home Affairs' internet portal. If your visa application is denied, you will be sent a letter explaining the grounds for the decision.

Yes, it is possible to challenge a visa denial ruling. The appeal process and eligibility criteria will vary based on the visa type and the reasons for denial. For this procedure, it is recommended to seek advice from an immigration attorney.

In order to challenge a visa rejection, you must submit a request for reconsideration to the Administrative Appeals Tribunal (AAT) within the timeframe provided in the refusal letter. It is advisable to have a lawyer represent you.

The rate of visa denials changes based on the type of visa and where the applicant is from. It is essential to point out that every application is evaluated based on its individual qualities.

Yes, it is possible to submit a new visa application subsequent to being denied. Nonetheless, it is essential to discuss the factors that led to the initial denial in your subsequent application.

If your visa application is not approved, you will be given a letter explaining the reasons for the denial. Depending on the type of visa you have, you might be able to either appeal the decision or submit a new application.

No, the visa application fee is usually not refunded, even if your application is rejected.

Visas may be denied for medical reasons if the applicant does not meet Australia's health standards.

Student visas may be denied due to lack of proof of sincere intention to study, failure to meet financial criteria, or inconsistencies in submitted documents.

Although having diabetes does not guarantee visa rejection, it may be considered a reason if it is believed that the disease would incur major healthcare expenses or hinder Australian citizens' access to healthcare services.

In the event that your tourist visa application is declined, you have the option to challenge the decision with the AAT or rectify the grounds for refusal and submit a new application. It is recommended to seek advice from an immigration specialist in these situations.

Yes, it is possible to request a tourist visa again after being denied before. Nevertheless, ensure to explain the underlying causes for the initial rejection in your renewed submission.

The period for reapplying following a visa rejection varies based on the type of visa and the grounds for the initial denial. Seeking guidance from an immigration specialist is recommended for personalized assistance.

Although visa refusals are not communicated between countries, a refusal may impact your reputation and be taken into account when applying for a visa to a different country such as Canada.

Criminal record, health issues, fake papers, and not meeting visa criteria can lead to visa denial.

You have the option to appeal to the AAT during the period specified in your rejection letter. Having a lawyer is frequently advised during the appeal procedure.

If your visa application is denied, you will be given a letter explaining the grounds for refusal. You have the choice to either appeal the decision or reapply once you have resolved the issues outlined in the refusal letter.

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