Appeal Visa Refusal Australia – Steps and Cost in 2024

How to Submit Appeal Visa Refusal Australia and Other Options If It Does Not Succeed

When your Australian visa gets rejected, it might be caused by one or more reasons, which are usually explained in the refusal letter. But it does not mean you’ve got no options left. Usually, the Department of Home Affairs will give you a chance to appeal your visa refusal case to Australia. But how?

So, in this article, we will guide you thoroughly on the following:

1. Reasons why your Australian visa gets rejected 
2. How to appeal an Australian visa refusal
3. Processing time and cost involved to appeal visa refusal
4. Other options if the appeal does not succeed
5. How we can help

Why did my Australian Visa get rejected?

The reasons for your Australian visa gets rejected may include the following:

• You did not meet the eligibility criteria for the visa. 
• Your application raised one or more complex legal or factual issues.
• You provided bogus or false documents or information.
• You did not provide all the required documents.
• You did not have sufficient funds to support your stay in Australia.
• You missed the deadlines in providing further documents or information.
• You did not properly explain your case or visa application to the Department of Home Affairs.
• You did not have strong incentives to return to your home country.
• You did not pass the health examination.
• You have a substantial criminal record in Australia or your home country.

Your Australian visa may get rejected for one or more reasons. It is best to read your refusal letter carefully to understand it. Otherwise, you may contact us, and we will explain carefully why your Australian visa gets rejected. We will provide you with the best remedy.

Read more about our experience with visa refusals here.

How to appeal visa refusal in Australia

You can appeal your Australian visa refusal case to the Administrative Review Tribunal (ART). The ART is a different government agency body. Its primary function is to review the decisions the Department of Home Affairs (DHA) makes.

You may be able to appeal to the Administrative Review Tribunal (ART) under the following circumstances:

• If you were in Australia when you lodged your visa application and the DHA refused it;
• 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 your employer has applied for a Standard Business Sponsorship and your application has been refused.

The Administrative Review Tribunal (ART) 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/or provide reasoning or comments on certain decisions to justify your wishes to obtain an Australian visa.

Step by step in submitting an appeal application

Submitting an appeal to your Australian visa refusal case involves some steps, including:

1. Review the reasons of your visa refusal. If you believe you have strong and compelling reasons to get the decision revoked, you can continue with the appeal.
2. Check whether a review right is given or not. It is usually stated in your refusal letter.
3. Submit your appeal application to ART’s online portal. You must submit the appeal application within the deadlines stated on your refusal letter (usually between 21 to 35 days of the refusal date).
4. Provide supporting documents and information. Similar to a visa application, you must also provide supporting documents and information for your appeal, especially in emphasizing that the decision should be reviewed and revoked.
5. Attend the hearing. You will be invited to attend the hearing. During the hearing, you are expected to explain your case and why the decision should be revoked. You will also receive your appeal’s decision at the hearing.

How ART will decide your appeal application

The ART will provide one of the following decisions for your Australian visa refusal appeal application:

1. Affirm means the original decision from DHA has not been changed.
2. Vary means the decision from DHA is changed or altered in some ways.
3. Set aside means the AAT agrees or partially agrees that the decision from DHA is wrong.
4. Replace or Remit means the AAT will send your case to DHA to make a new decision based on the AAT’s guidance.

Processing time and cost involved to appeal visa refusal Australia

The processing time for an Australian visa refusal appeal varies depending on the refusal case. The appeal costs AUD 3,496, and it is not refundable if the ART decides to affirm the decision.

So, it’s best to plan the appeal carefully. Otherwise, you may get it rejected, and it costs more money.

Read more: What To Do If Visa Is Rejected – 2024 Successful Guideline

Other options if the appeal for Australian visa refusal does not succeed

Other options you may consider if the appeal of your Australian visa refusal does not succeed are:

1. Apply for Ministerial Intervention, or
2. Submit a new visa application offshore.

Application for Ministerial Intervention is only available if the following circumstances apply to you:

1. You have received a decision from the Administrative Review Tribunal.
2. The Minister has not intervened to grant a visa.
3. The Administrative Review Tribunal found your case can be reviewed further.
4. The Administrative Review Tribunal found the review application had been made within the deadlines.
5. The Administrative Review Tribunal did not return your case to the Department of Home Affairs to further consider the decision on your case.

You must have unique and exceptional reasons to have the Minister intervene to grant you a visa. The Minister has set examples of unique and exceptional reasons here.

If you don’t have any unique or exceptional reasons, we strongly suggest considering an offshore visa application.

If you’re still unsure, book an appointment with our Registered Migration Agent for a tailored migration plan according to your circumstances. 

How we can help

Suppose you have recently had your visa application refused or are concerned your application is heading towards a refusal. In that case, 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- $350, 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 appeal your visa refusal Australian case. We will also assist you in making the right decision on whether you should spend time and money and proceed with an appeal with ART.

We understand that migrating to Australia is undoubtedly very complex, especially when submitting an appeal for an Australian visa refusal. But our visa specialists at ONE derland 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 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.

Take the first step and contact us. Our professional and honest migration agents speak various languages, such as Mandarin/ Chinese, Bahasa Indonesian, 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, which is 100% refundable if you become our client.