Australian Visa (Skilled Visa, Partner Visa, or Working Visa) was rejected. What is My Option?
Receiving your Australian Visa being rejected is very daunting. But worry not! It’s not the end of your journey. Whether it’s your Skilled Visa, Partner Visa or Sponsored Working Visa, you still have a chance to continue your migration journey to the land of Down Under; one of them is to submit an Australian visa refusal appeal.
When your Australian Visa gets rejected, you may be allowed to appeal the Australian refusal case to the Australian Administrative Appeals Tribunal (AAT) or submit a new visa application onshore or offshore.
After being rejected for an Australian visa, let’s dive into each option below. All of these are explained by our Registered Migration Agent, who has over a decade of experience.
What is the Administrative Appeals Tribunal?
The Administrative Appeals Tribunal (AAT) is a separate Australian Government body from the Department of Home Affairs (DHA). They perform an independent merits assessment of administrative decisions issued under Australian Commonwealth statutes.
Understanding the AAT process can bring a sense of relief. The AAT will review your case and study the reasons for refusal and the argument for your case very closely. You may be allowed to supply further documents and provide reasoning or comments on certain decisions to justify your wishes to obtain an Australian visa.
Read more: Administrative Appeals Tribunal (AAT) – Things You Need to Know
Australian Visa Refusal Appeal Application Process to Administrative Appeals Tribunal
As the first option after having your Australian Visa refused, you have to pass three steps in submitting an appeal to the Administrative Appeals Tribunal:
- Check if the review right is given,
- Submit a review application to the Administrative Appeals Tribunal online,
- Provide supporting documents and information,
- Wait for a hearing invitation,
- Attend the hearing.
1. Check if the review right is given
Not all visa refusal cases can be reviewed by the Administrative Appeals Review. You can check the review right in the refusal letter. It is usually written under the review right section.
2. Submit the Australian visa refusal appeal application to the Administrative Appeals Tribunal online
Suppose the refusal letter states that you have the right to review. In that case, you can submit a review application to the Administrative Appeals Tribunal. But be aware of the deadline. It is usually between 28 to 35 days to apply.
You should submit the review application online through the AAT official platform here.
3. Provide supporting documents and information.
You can submit supporting documents and information when lodging the review application and after the application is submitted.
Unlike a visa application, there is no limit to providing supporting documents for a review application. Submit documents and information that will strengthen your review application and change the decision.
4. Wait for a hearing invitation for Australian visa refusal appeal
After submitting the review application with supporting documents and information, you must await a hearing invitation.
The hearing invitation will be sent by email. So, ensure to check your email regularly.
You will be given a form to complete. The form provides information on whether you will attend the hearing by yourself or a migration agent will represent you.
5. Attend the hearing
You will find the hearing schedule in the email sent to you. Ensure to attend the hearing, as this might be your last chance to fight for your visa application.
The decision may be given at the end of the hearing or a few days after the hearing. The AAT will provide you with one of the following decisions:
- Affirm: signifies that the decision has not changed.
- Vary: signifies the AAT changes or alters the decision in some way.
- Set aside: signifies the AAT agrees or partially concurs that the original decision was incorrect.
- Replace or remit: signifies the case will be returned to the department for a new decision based on instructions or suggestions given by the AAT.
What happens after I lodge the Australian visa refusal appeal to the AAT?
During the investigation and hearing of your case by the AAT, you may be eligible for a particular Australian bridging visa enabling you to remain in Australia until a decision has been made on whether you are to stay in Australia, leave Australia or apply for another visa or the same visa again.
Suppose you are still holding a substantive Australian visa. In that case, you should be entitled to lodge another visa application during the AAT review, subject to meeting the relevant eligibility requirements.
Suppose your visa is rejected, and the AAT affirms the decision, although you are deemed eligible for another visa. In that case, you will be eligible to make a new application from offshore.
Read more: 4 Must-Dos if Your Australian Visa Application is Rejected
How long does it take to appeal an Australian visa refusal?
There is no specified processing time for an Australian visa refusal appeal. However, the AAT updates regularly (around once in 6 months) regarding the processing time. The table below shows how long it took to finalize reviews over the last six months. The two columns below show the time in calendar days that 50% and 95% of cases were completed during the specified period.
Processing times in calendar days for reviews finalised between 1/12/23 and 31/05/2024
| Case category | 50% of cases finalised within (days) | 95% of cases finalised within (days) |
|---|---|---|
| Bridging | 17 | 529 |
| Family | 697 | 1,636 |
| Nomination/Sponsor approval | 1,030 | 1,560 |
| Partner | 1,398 | 1,867 |
| Permanent business | 951 | 1,574 |
| Skill linked | 741 | 901 |
| Student cancellation | 464 | 533 |
| Student refusal | 286 | 695 |
| Temporary work | 925 | 1,488 |
| Visitor | 382 | 482 |
| Other | 556 | 1,361 |
| Protection | 1,893 | 2,276 |
| All migration case categories | 664 | 1,715 |
| Protection case category | 1,893 | 2,276 |
| All case categories | 1,334 | 2,243 |
| Case category | 50% of cases finalised within (days) | 95% of cases finalised within (days) |
|---|---|---|
| Bridging | 17 | 529 |
| Family | 697 | 1,636 |
| Nomination/Sponsor approval | 1,030 | 1,560 |
| Partner | 1,398 | 1,867 |
| Permanent business | 951 | 1,574 |
| Skill linked | 741 | 901 |
| Student cancellation | 464 | 533 |
| Student refusal | 286 | 695 |
| Temporary work | 925 | 1,488 |
| Visitor | 382 | 482 |
| Other | 556 | 1,361 |
| Protection | 1,893 | 2,276 |
| All migration case categories | 664 | 1,715 |
| Protection case category | 1,893 | 2,276 |
| All case categories | 1,334 | 2,243 |
source: Migration and Refugee Division processing times
How much does it cost?
The cost for submitting an appeal for Australian visa refusal cases is as follows:
- For Australian visa refusal cases related to Protection Visa application: 2,151
- For Australian visa refusal cases related to other visa applications: AUD 3,496
The cost above is as of July 2024. The cost may change in July every year following the opening of the new financial year.
Read more: AAT Fees (Aministrative Appeals Tribunal) Update 2024
Can I reapply for the same visa subclass or a new visa subclass?
It depends on your situation. But in general, you can choose between reapplying for the same visa subclass or submitting a new application for a different one. The most important thing to consider is whether you can meet the requirements and ensure you won’t make the same mistakes.
Rest assured, ONEderland Consulting has over a decade of experience and a proven track record in assisting clients in obtaining an Australian visa despite their history of refusal. Our expertise is your best chance for a successful visa application.
At ONEderland Consulting, we understand the stress and anxiety that comes with visa rejections. That’s why we offer a personal consultation session with our Registered Migration Agent. Our consultation session is more than just a conversation. It’s a promise backed by a 100% refund guarantee if you’re unsatisfied with our service. We are proud to share that we have a 98% success rate and are experts in handling complex cases. So, don’t hesitate to reach out to us. We’ve got you covered.
At ONEderland Consulting, we’ve got you covered with the Australian visa refusal appeal.
We’re here to guide you through the entire visa application process, from understanding your options to preparing your application and representing you at the Administrative Appeals Tribunal if necessary. You’re not alone in this journey. Our visa specialists at ONE derland Consulting will help you decide the best options after your Australian visa has been refused. We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Our team speaks various languages, such as Mandarin/Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
