VISA REFUSAL Appeals
VISA REFUSAL APPEAL: AUSTRALIA GRANTS MANY SECOND CHANCES
Visa refusal is not the end of it. Unless the minister of immigration personally refuses your visa application under section 501 of the Migration Act 1958, the case can be appealed.
Australia visa refusals and cancellations are appealable via the Administrative Appeals Tribunal (AAT). The latter is a visa appeals body that works under no influence from the Department of Immigration.
Reasons for Visa Refusal
Visa refusal can curtail your studies, business, or professional plans. It can separate you from loved ones and tear your family apart. Thankfully, each case or temporary or permanent visa refusal can be disputed unless explicitly stated otherwise.
If a visa application gets rejected by the Department of Immigration, the refusal is likely because:
· The applicant did not adequately meet the qualifications for the visa
· Your application has scanty information to prove the statements you made
· The applicant did not fulfill the health or character requirements
· The application contained false statements or inauthentic documents
· There was little proof of the applicant's financial ability to sustain themselves during their stay in Australia
· The employer sponsorship or student visa application [https://www.perthimmigrationlawyer.com/student-visas/] did not meet set requirements
What to Do After Visa Refusal
You have 21 days to appeal if that's the path you want to take following Australian visa refusal. The three weeks’ timeframe is for applicants outside Australia. Those within Australia must start the appeals process within nine days.
Lodge the appeal
Visa refusal appeal can be lodged online to any AAT registry. The appeals application must be accompanied by the cancellation letter or notification of refusal.
Other documents needed for the application include any material that supports the statements made in your original application or new information that explains why you dispute the refusal.
What Happens After Lodging the Appeal?
The AAT reviews your case.
The AAT works independently to review government visa-related decisions. Within the AAT, your case can be heard by:
The Migration & Refugee Division: This department reviews refusal cases that entail employer or family sponsorships [https://www.perthimmigrationlawyer.com/employer-sponsored-visas/] , nominations, and other categories of Australian permanent and temporary visas.
The General Division: This department handles rejected Australian Citizenship applications [https://www.perthimmigrationlawyer.com/citizenship/] and visa cancellations and refusals on character grounds.
Immigration Assessment Authority: IAA handles time-bound appeals cases that relate to Temporary Protection Visas.
The AAT may contact or invite you to comment.
Following your visa refusal appeal application, the AAT might contact you to ask for more information. The appeals body may also invite you to comment on the information that it deems to be the reason for the refusal.
If the AAT sets a hearing for your case, you will be required to:
· Attend in person or by video link or telephone
· Present evidence and argue for your case
· Nominate a representative to assist you at the hearing (optional)
A Decision is Made
P/S: Not all visa refusal appeals involve a hearing. The case can be decided without your attendance if the information provided is satisfactorily sufficient or if you consent to AAT to decide the case without your attendance.
The AAT can decide to:
· Affirm the refusal: Here, they agree with the Department's decision to refuse or cancel your visa
· Set aside: The AAT can change the Department's decision or replace it with a new one
· Remit: The AAT might request the Department to reconsider its decisions and provide further directions supporting it
The tribunal can also decide:
· That they have no jurisdiction to hear your case if the application is not valid
· To dismiss the appeal application if you failed to attend the hearing
Note for applicants in Australia:
During the appeals processes, applicants in Australia can stay in the country for as long as the review process takes. Once an applicant lodges the visa refusal appeal, they get a Bridging Visa with virtually similar benefits as the previous visa.
What Happens After an AAT Decision?
The Department will implement the decision made by AAT.
If you don't like the outcome, you can further appeal the case with a Federal Circuit Court or the Minister for Immigration. Visa refusal appeals can only be made to the Federal Court when an applicant believes there is a legal error in the Department or AAT's decision.
If you have a strong case and good reason, you can write to the Minister for Immigration and Border Protection to personally revoke the two decisions and grant you the visa.
Another option is to apply afresh. You can get approved on the second application. We can review and strengthen your case before you lodge the appeal application. Please contact us for expert support to achieve a positive outcome after Australia visa refusal.