Visa Refusal Appeal

Visa Refusal Appeal

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Visa Refusal Appeal

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).

The AAT undertakes a merits review and therefore takes a fresh look at the facts, law and policy relating to that decision. 

When the AAT reviews a decision, they have the power to affirm, vary, set aside or remit the decision. 

Visa refusals can occur for a few reasons, with the most common being:

  • 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

Only certain decisions can be reviewed in accordance with Part 5 of the Migration Act 1958. Please contact us if you have questions regarding your eligibility to have your matter reviewed or if you believe the Department has incorrectly advised you of your review rights.

It is important to note that strict statutory time limitations apply. 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.