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What Are My Options If My Australian Visa (Skilled Visa, Partner Visa or Working Visa) Gets Rejected? How To Appeal To AAT

What Are My Options If My Australian Visa (Skilled Visa, Partner Visa or Working Visa) Gets Rejected? How To Appeal To AAT

What Are My Options If My Australian Visa Gets Rejected (For Skilled Visa, Partner Visa or Working Visa)

If an unfortunate decision has been made on your application which leads to your Australian visa getting rejected.

It does necessarily mean that there is nothing you can do.

You may be given the option to appeal your application to the Australian Administrative Appeals Tribunal (AAT).

The Administrative Appeals Tribunal (AAT) is a separate Australian Government body from the Department of Home Affairs (DHA).

You would start your application process through the Department of Home Affairs.

The department will process your application and make a decision on your case and whether you meet the requirements for a visa.

Australian Visa Application Refusal - What are your options and how to appeal 2021

Why was my Visa Rejected?

If the Department of Home Affairs (DHA) deems that you are not eligible for the Australian Visa you applied for, you will be notified by formal letter and you may be given the option to appeal the decision via the Administrative Appeals Tribunal (AAT).

Infographic The Reason DIBP could have rejected your application

The reasons DHA could have rejected your application are that:

  • The application raises one or more complex legal or factual issues which are decided against the applicant;
  • Insufficient evidence is presented to the Department of Immigration;
  • The case wasn’t properly explained to the Department of immigration;
  • The claims of the applicant were not believed; or
  • A combination of all of these factors.

This may occur with many different types of Australian Visas. Such as the Australian working Visa (457, RSMS & ENS), General Skilled Migration Visa and Partner/ Spouse Visa.

The Administrative Appeals Tribunal (AAT) will review your case and study the reasons for refusal and the argument for your case very closely.

You may be given the opportunity to supply further documents and/or provide reasoning or comments on certain decisions made to justify your wishes to obtain an Australian visa.

Read more about our experience with visa refusals here.

How Will My Appeal Be Decided

How Will My Appeal Be Decided?

The Administrative Appeals Tribunal (AAT) is authorized to affirm the primary decision, vary the primary decision, set aside the primary decision and substitute a new decision or return the case to the primary decision maker for reconsideration with specific directions.

The primary decision maker is the Department of Home Affairs (DHA).

You may be able to appeal to the Administrative Appeals Tribunal (AAT) under the following circumstances:

  • If you were in Australia when you lodged your visa application and it has been refused by the DHA;
  • If you are in Australia and your current visa has been cancelled;
  • If you are in Australia, your visa has been cancelled and your application to have the cancellation revoked has been refused;
  • If you are sponsored by an Australian citizen, permanent resident or eligible New Zealand citizen who is not deemed fit to sponsor you;
  • If you are an employer that has applied for a Standard Business Sponsorship and your application has been refused.

The Administrative Appeals Tribunal (AAT) is unable to review:

  • The decision made by the DHA to cancel a visa if the cancellation was made while the visa holder was outside of Australia.
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How Long Will It Take For my Appeal With MRT To Be Decided

How Long Will It Take For my Appeal With AAT To Be Decided?

There are very strict time frames for making appeals to the Migration Review Tribunal once you have received notification from the Department of Home Affairs of a decision made that does not result in your favour.

It is imperative that you carefully read the refusal or cancellation notice from the DHA.

The notification will tell you whether your refusal or cancellation is able to be reviewed by the AAT and the time by which you need to submit your application for review.

The Average processing time for the different refusal categories are:

Visa Refusal Case Category Average Days To Process
Permanent business refusal 482
Partner refusal 427
Nomination/Sponsor approval refusal 427
Temporary work refusal 406
Student refusal 385
Family refusal 332
Skill linked refusal 264
Protection visa 250
Student cancellation 211
Visitor refusal 148
Other 116
Bridging refusal 13
Visa Refusal Case Category Average Days To Process
Permanent business refusal 482
Partner refusal 427
Nomination/Sponsor approval refusal 427
Temporary work refusal 406
Student refusal 385
Family refusal 332
Skill linked refusal 264
Protection visa 250
Student cancellation 211
Visitor refusal 148
Other 116
Bridging refusal 13

 

During the investigation and hearing of your case by the AAT, you may be eligible for a certain Australian bridging visa enabling you to remain in Australia until a decision has been made on whether you are to remain in Australia, leave Australia or apply for another visa or the same visa again. The fees for for an application to AAT is:

  • AAT Application Fee: $1604;
  • Amount refundable for decision in your favour: $802.

If you are still holding a substantive Australian visa, then you should be entitled to lodge another visa application during the AAT review subject to meeting the relevant eligibility requirements.

If your visa is rejected and the AAT affirms the decision although you are deemed eligible for another visa, you will be eligible to make a new application from offshore.

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The options if the MRT doesn't give you the outcome you wanted

What are the options if the AAT doesn’t give you the outcome you wanted?

There are still options available at this point even though the AAT has affirmed the department’s decision.

You may be able to seek a judicial review at the Federal Circuit Court.

In this case, however it becomes a legal issue, the court can only review an appeal, if there was a breach of the law in the process.

It is not in court’s powers to reevaluate your evidence or facts regarding your visa application and they can not grant you a visa.

The Department of Immigration can, in very rare cases, overturn the decision of the AAT given in favour of the applicant.

It must be done only if it is in the public interest to do so, which is why it is a rare occurrence.

Book a consultation here to discuss your options.

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How We Can Assist With Your Appeal?

If you have recently had your visa application refused or are concerned your application is heading towards a refusal, you may like to contact ONE derland Consulting, a professional Migration Agent based in Perth about approaching the Migration Review Tribunal.

Our professional migration agent fee for this initial consultation and assessment is between $100- $400.00 depending on the complexity of your case.
Please note the purpose of this service is to discuss details of your visa refusal, and whether you will be eligible to meet the requirement for the visa which was not satisfied, and we will also assist you to make the right decision whether you should spend time and money and proceed with an appeal with AAT.

If you engage ONE derland Consulting to prepare your AAT application, we will assist you from the beginning to the end and make the process as easy as it should be and perform the following:

  1. Assess your eligibility for the AAT application. We will give you the best decision whether you should spend your money and time for an AAT or you have alternative options;
  2. If you are eligible, we will provide you with written agreements and quotes to process your application. This will cover our obligations and duty as a migration agent;
  3. Our agreement is transparent with no hidden fees. All the aspect of works are covered in the agreement;
  4. We will provide you with a dedicated Case Manager as your one point of contact. The Case Manager will assist you with your AAT application and keep you informed with the progress of your case;
  5. A tailored document checklist will be provided. We will provide you a tailored document checklist to support your appeal which covers all of your personal circumstances and reasons for appealing;
  6. We will prepare all the supporting documents including a specified submission based on your personal circumstances to make your appeal stronger;
  7. We will be your representative. As we know, in AAT you will face a hearing process which might be difficult to be attended by yourself, so we will be your representative and help you with your appeal;
  8. Our migration agent will be your representative to communicate with the Department during your AAT process, so you do not need to worry about communicating with the Department;
  9. Your application will be prepared by our Registered Migration Agent who will go through your documents in more detail, anything missing will be identified and rectified;
  10. All of our team are dedicated to serve our clients, we should be able to get back to you within 24 hours or less for any enquiries you may have.

We understand that applying for a visa to Australia is certainly very complex. It is even harder during the COVID-19 Pandemic. Our visa specialists at ONEderland Consulting will help you assess your visa options. We have a 98% success rate and one of the most highly recommended migration agents in Australia. Read our 4.9* score customer reviews.

We are complex visa specialists. As a registered Australian migration agent 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 Migration Agents Registration Authority.

Take the first step and get in touch with us. Our migration agents are professional, honest and speak various languages such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, Polish, German and Russian.

Contact us through email at [email protected] or via phone on 1300 827 159. Alternatively, you may book your consultation online and it is 100% refundable if you become our client.

Published On: May 3rd, 2016 / Categories: Visa Refusal /

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