Appeal for Visa Refusal Australia:
What’s Your Next Legal Steps?

Appeal for Visa Refusal Australia: What’s Your Next Legal Steps?

Whichever your purpose for visa application is, whether it’s study, skilled work, tourist, permanent residence, or Australian citizenship, a visa refusal can be heartbreaking.

But the good news is that your application can still be reviewed and you still have a chance to have the initial decision reversed in your favour.

Here, let’s navigate the Australian appeals process, know your next best legal steps to take, and tips to increase the likelihood of your appeal being successful.

What Are The Possible Reasons For a Refused Visa?

It goes without saying that there are valid reasons why visa applications are getting denied by the Department of Home Affairs (DHA). The following are the most common reasons for a visa refusal:

• Incomplete & Missing Documents
• ‘Questionable’ Character
• Fraudulent Details Submitted
• Failure to Submit Information On Time
• Financial Instability
• No Health Insurance

Incomplete & Missing Documents

Prior to lodging your application, it’s very important to ensure you have all the documentary requirements ready for submission. As required and optional documents vary per visa type, consider hiring a registered migration agent at Parish Patience Immigration Lawyers to process your requirements minus the hassle and stress.

These are the general and basic documentary checklist for your visa application:

• Valid Passport
• Passport-Size Photographs
• Paid Fees
• National Identification Card
• Police Certificates
• Proof of Financial Capacity
• Health Insurance Coverage
• ‘Competent’ English test result
• Invitation Letter, where applicable

‘Questionable’ Character

Your visa application may be rejected on character grounds. Some of these involve having a criminal record, from domestic violence and sexual assault, as well as if a person is suspected to have been involved in an organisation that is engaged in criminal activities. Australia’s character requirements is to ensure that it will not allow applicants entry if they are considered a security risk.

Fraudulent Details Submitted

Submitting incorrect information, either on purpose or an honest mistake, can result in a refusal visa. For instances involving identity theft, the accused will be banned from applying and may face penalties and imprisonment.

Failure to Submit Information On Time

After lodging your application, the Department might still request additional information that you might have missed or simply something they need further to evaluate your case. If you failed to provide what they requested, it’ll get your visa refused.

Financial Instability

You must provide proof that you can support yourself financially during the entirety of your stay in Australia. Your financial means will also be evaluated to make sure that you are in a good financial position to return back home.

No Health Insurance

Specifically for student visas, having health insurance coverage is mandatory. You must then show evidence of you purchasing a health insurance policy to also help yourself in cases of unforeseen medical emergencies during your stay.

How to Appeal for a Visa Refusal in Australia?

You can file for a visa refusal appeal at the Administrative Appeals Tribunal or AAT. You can either do it online through the Tribunal’s official website or submit it in paper form. For faster processing and review, an online filing is highly recommended. If someone has nominated/sponsored you for a visa, he or she can file for an appeal on your behalf.

AAT Visa Refusal Appeal

The Tribunal is a court that hears and decides disputes between individuals or groups. Your motion to appeal visa refusal shall serve as your legal request to a higher court to reverse the initial decision of a lower court.

There are many different types of tribunals in Australia, each with its own rules and procedures. Some tribunals are part of the court system, while others are independent bodies set up to deal with specific types of disputes.

Some tribunals can hear appeals from lower courts, while others can only hear cases that have been brought before them directly.

Fees for Australia Visa Appeal

According to the Tribunal’s official website, the fee amounts to A$3,374. You are entitled to a 50% deduction if you can prove that the sum is too high that it might cause severe financial hardship. You can fill up and submit a reduction form using AAT’s website and provide documents to support your case.

It is likewise important to mention that you must pay the necessary fees before the deadline. You can make the payment using electronic fund transfers, MasterCard and Visa credit cards, or cheques.

Processing Times for Visa Refusal Appeal

Not needless to say, processing times for different visa types aren’t the same. Some take longer (or shorter) than others.

For example, the AAT student visa refusal processing time is averaging at 1.5 years or 530 days, while processing time for partner visa appeals can take more than 2 years. On the other hand, visa refusal appeals for a bridging visa can be processed within 19 days.

You must submit your appeal no later than 28 days after receiving the decision, and no longer than nine (9) days if you are in immigration detention.

What If My Visa is Rejected and I Don’t Agree With the Decision?

If your appeal for visa refusal in Australia has been rejected, and that the initial decision has been upheld, your last resort would be to take the matter to the Federal Court.

This can be quite a more stressful and complex process. A lawyer can help you navigate the tribunal system and ensure that your rights are protected. Lawyers can also represent you in appeals to higher courts.

If you have a dispute that you need to take to a tribunal, or if you are considering appealing a decision made by a tribunal, contact an expert immigration lawyer at Parish Patience today!