What happens if my visa application is refused?
You may be able to have the decision reviewed on its merits by the Administrative Appeals Tribunal (AAT). Alternatively, you can apply for a judicial review through the Federal court or Ministerial Intervention.
Who can apply for AAT review?
You can apply if you are in Australia, applied for a visa to the Department which was then subsequently refused. Generally, if you are onshore in Australia you must apply within 21 days of a decision being made by the Department of Home Affairs if you are not in immigration detention, if you are in detention, you must apply within 7 working days. You must also be in Australia to apply for a merits review by the AAT.
What will happen after review?
You will generally only be contacted once a date has been set for your appeal. You may be asked for further documents that may be required to make an assessment. The tribunal member may be able to make a decision without the need for a hearing or further documentation; however, this is rare.
Can I stay in Australia whilst my application is being reviewed?
Yes- the bridging visa granted as a result of your visa being refused will continue to be valid until the AAT has made a decision.
What are my options if my appeal fails at AAT?
Your bridging visa will cease to be valid after generally 35 days of the decision being made by the AAT. If you decide that you wish to stay on in Australia, you have two options.
- You can ask the Minister of Immigration to exercise his powers to grant you a visa.
- You may be able to appeal to the Federal court, within strict time limits to do so.
Why choose Withstand Lawyers for your visa refusal appeal?
We can attend the AAT hearings with you, and you can speak to us during the hearing to get advice. Our immigration lawyers have significant amounts of training and expertise, with experience working at pre-eminent corporations.