VISA REFUSAL APPEAL
Some visa refusal decisions can be appealed and reviewed through the Administrative Appeal Tribunal (AAT) mechanism. Not all visas refusals have merit review right.
Appeal and merit review of visa refusal decisions
There are many factors that may lead to your visa application refusal. Here is a list of main reasons for visa refusals:
- You did not meet the visa requirements. For example, you applied for a student visa and your nominated course is totally different to your previous studies or experience. Another example is when you do not provide Australian Federal Police check with your Graduate Work Visa application.
- You did not provide required documents or sufficient evidence to demonstrate meeting the visa requirements
- You provided wrong or misleading information in support of your visa application
- You provided fake or bogus documents to the department
- You have not met health and character criteria
- The department has adverse information in contrary to your claims
- You have not met the conditions of your previous visas
- In case of employer sponsored visas, the visa nomination may be refused because the business sponsoring you is not viable, there is no genuine need of the nominated position or the pay is not according to market salary rates and many more.
- The case officers may make mistake in their decisions sometimes and refuse a visa application by applying wrong legislation provisions or having incorrect interpretation of the legislation.
In some cases, before making a decision, the Department provides you with a Natural Justice letter, inviting you to comment if they have an intention to refuse your visa application. The Department must consider your comments in their decision whether to refuse you a visa or not.
Note: You have a limited time to respond to a Natural Justice letter. If you don’t respond, the Department will make a decision (usually a refusal decision) based on the available information.
What should I do if my visa application is refused?
First, you need to find out if the refusal decision can be reviewed by the Administrative Appeal Tribunal (AAT). If the decision is reviewable, it is usually indicated on the refusal notification letter. However, it might not be clearly stated on the notification.
If the decision has merits review rights, you can apply for a merit review appeal to the Migration and Refugee Devision of the AAT.
Note: It is important to act quickly when you receive a “natural justice” letter or a “refusal notification”. If you miss the AAT appeal deadline, you might not have any other chance to appeal and review the decision before the AAT. If you are in this situation and need assistance, please do not hesitate to contact us. Our registered migration agents have years of experience and a comprehensive knowledge of Australian migration law, so you can be rest assured that you and your case are in capable hands.