Visa Refusal or Cancellation

Has your application been refused or cancelled? We can assist with your AAT review.

What if my visa application is refused or my visa is cancelled?

What could be more devastating than receiving a visa refusal or a cancellation? After all, you made plans and invested time and money to start a new life in Australia, for your dreams to be shattered.

This is where our experienced team at Migration Downunder can assist you.

When applying for an Australian visa, it is up to the applicant to present the strongest case with relevant evidence to support their application. Case officers do not revisit their decisions.

Once the Department of Home Affairs (DOHA) has cancelled your visa or refused your application for a visa, you will be given notice about the visa refusal or cancellation in writing, including whether the decision can be reviewed.

The first step is to seek a review by lodging an independent Merits Review through the Administrative Appeals Tribunal.

There are strict time limits on your right to review or apply for an appeal. If you do not act in time, you will lose your right to review.

Merits Review – Administrative Appeals Tribunal (AAT)

The Administrative Appeals Tribunal is not part of the Department of Home Affairs. It is an independent body that can review the department’s decision to refuse or cancel a visa.
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Ministerial Intervention

In limited circumstances, it is possible to seek ministerial intervention after receiving an unfavourable decision from the tribunal. Under the Migration Act 1958, the Minister for Immigration has the power to intervene and grant a visa on public interest grounds.

FAQs for Appeals and Reviews

There are a few common issues that can lead to a visa cancellation or refusal. When this happens, you may find you are prohibited from applying for future visas for a set period. The most common visa refusal and cancellation related questions include:

  1. How long do I have to make an appeal to the Administrative Appeals Tribunal?
    The length of time varies dependent on location and type of visa that is refused. Most refusal decisions must be appealed within 21 or 28 days after notification of the refusal.
  2. How much does an Administrative Appeals Tribunal application cost?
    As of 1 July 2024, the application fee is $3,496
  3. How long does the appeal process take?
    Unfortunately a lot of appeals are currently taking several months (even years) to process.
  4. Why is the process taking so long?
    Certainly, the delays in processing appeals can be frustrating. Many factors contribute to these extended timelines, including the volume of appeals received, complexity of cases, staffing issues, and procedural requirements.
  5. What will my visa status be after I lodge an appeal with the AAT?
    Your Bridging Visa will automatically be extended upon lodgement of your review application.
  6. What to do if your visa is refused or cancelled?
    If your visa is refused or cancelled, make sure you respond quickly by getting the assistance of a registered migration agent.

We Understand the Significance of Comprehending the Specifics & Prerequisites for an Appeal Process

Seeking professional guidance is crucial when assessing the application for submission to the AAT, ensuring that the grounds for the initial rejection are effectively dealt with. A single consultation has the potential to not only save costs, but also safeguard your prospects in Australia.

Before any immigration advice can be provided, we must hold an initial consultation which will attract a fee of $385.

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