The Visa Refusal Appeal Process

For a number of temporary visa subclasses, if you’re offshore when the Refusal is decided, you will have no review rights. In addition, once this occurs, you will face an automatic 3 year ban to re-enter Australia (unless you are eligible, and apply, for a Permanent Visa).
 
 
Depending on the reasons of refusal, you may have a chance of getting the decision overturned at the Administration Appeals Tribunal (AAT). Some common refusal reasons can be successfully argued at the AAT, especially with new supporting documents and evidence, especially in the following cases:
 
  • If the Department of Home Affairs (DHA) overlooked some documents and didn’t consider them in their decision;
  • An Applicant was not able to provide enough information to prove the claims they made in their initial visa application, but now being able to;
  • A Student or Visitor Visa Applicant not satisfying the Genuine Temporary Entrant Criteria, but genuinely wanting to study or visit Australia temporarily;
  • A Business genuinely needing a position filled within their organisation, but couldn’t prove Genuine Position in an initial 482 or 186 Nomination application; or
  • A genuine couple not meeting the criteria for a Partner Visa application.
 
Depending on the type of visa refusal, the Applicant will usually have 21 days to appeal to the AAT. The appeal must be lodged by the due date and needs to be lodged directly with the AAT.
 
 
Keep in mind that it may take 2 or more years for your AAT review application to be finalised. The latest average processing times with the AAT can be found here.
 
Applicants usually require professional Legal assistance with lodging a review and/or appearing before the AAT. If you wish to book and appointment with one of our Immigration Lawyers, please call Gold Migration Lawyers on 1300 320 300 today.
 
 
 
Relevant Links
  • For the most Common Reasons on why Partner Visa applications are Refused, please click here.
  • For the most Common Reasons on why Working Visa applications are Refused, please click here.