What happens if my visa application is refused?

If your visa application has been refused, or your visa has been cancelled, you will be given a decision which may be reviewable. If it can be reviewed then you can have your case reheard again. At that time, you may also be eligible to apply for another visa, so if you find yourself in this situation you need to act quickly because your time to have the application reviewed will be limited. That is why it is important to use professional assistance of an immigration lawyer or a registered migration agent.

 

What can I do after the refusal?

The role of the Administrative Appeals Tribunal (AAT) is to review decisions made by the Department of Home Affairs (DHA). The AAT has the power to affirm, vary or set aside the DHA’s decision, or remit the matter back to the DHA for further consideration with specific directions. The AAT considers visa-related refusals and cancellations. You can apply to the AAT for a review provided you are physically present in Australia when the application for review is made. For off-shore visa refusals, rights of review are limited to sponsors, nominators or relatives in Australia. So applications can be reviewed offshore subject to meeting certain conditions.

 

Who can apply to the AAT for review?

  • you are in Australia and applied for a visa and this application was refused
  • you are in Australia and your visa was cancelled by the DHA
  • you are in Australia and your visa was cancelled and your application to have the cancellation revoked was refused by the DHA
  • you are sponsored or nominated by an employer or another person for a visa, and you lodged this visa application outside of Australia. Your sponsor or nominator may apply to the AAT for review of the decision to refuse your visa application. Individuals who may be able to apply for AAT review on this basis include applicants who are sponsored by their employer or partner or other eligible family members.
  • you are an employer who applied for Standard Business Sponsorship and this application was refused

Australian visa refusal

What will happen after the review?

The Administrative Appeals Tribunal (AAT) can decide to affirm, set aside or remit the DHA’s decision for further consideration. The AAT may then give the DHA further directions that it must take into account when reconsidering its decision.

 

What are my options if my appeal fails at the AAT?

If the AAT decides to ‘affirm’ the decision of the DHA, meaning that they agree with the original refusal decision, you might be able to take your case further by appealing the decision to the Federal Circuit Court of Australia (FCCA) if there has been a legal error made at the AAT. Unlike the AAT the FCCA does not consider new material or evidence that was not made available to the AAT. It is highly recommended to engage a lawyer to represent you at the FCC because to be successful you need to establish that on the law errors were made by the AAT.

 

Frequently Asked Questions Visa Refusal

What happens if my 887 visa is refused?

If your Skilled Regional Subclass 887 visa is refused, you can apply for the application to be reviewed at the Administrative Appeals Tribunal (AAT). Applying does not necessarily mean that the AAT will set aside or remit the decision. Using an experienced immigration lawyer or experienced migration agent with visa refusals may increase your chances. You can apply to review with the Migration Review Division of the AAT after the refusal notification in a limited period of time.

Why a visa is refused?

There could be multiple reasons for visa refusal depending on the visa that you applied for. Some examples of when your visa may be refused include:

  • Applied for the wrong visa
  • Did not meet the legislative requirements at the time of application or time of decision
  • are not on a substantial visa at the time of applying for the visa
  • had visa refusal before or you did not meet the conditions of your previous visa
  • supplied false and/or misleading documents
  • failed to meet health requirements
  • failed meeting character requirements
  • have an insufficient poof of English language proficiency
  • are from a high-risk country and you have applied for the wrong Australian visa.

What to do after visa refusal?

After you received the refusal letter from The Department of Home Affairs, you should understand the reasons it relied upon refusing your visa. You can contact an experienced immigration lawyer or experienced registered migration agent to get professional advice about your options.

You can also request a copy of your refusal letter and other documents the Department of Home Affairs holds by sending a Freedom of Information (FOI) request. You should get all of your application documents and application forms you used to lodge your application. That way you ensure you have any missing information that could have caused the visa refusal.

All in all, it depends on your immigration history, personal circumstances, the visa that you applied for and other factors.

I need help for Visa Refusal and how can Withstand Lawyers help me?

The team at Withstand Lawyers consist of experienced immigration lawyers and migration agents. We have assisted thousands of clients with visa refusals and we can help you to find the best solution for the Administrative Appeals Tribunal.

If we conclude that you do have a reasonable prospect of success, we will provide you with advice along with information on the required documents to prepare for review of your visa refusal from the beginning. If you don’t have reasonable prospects of success, we will advise you of other options that may be available to you, depending on your circumstances, instead of waiting years and spending thousands of dollars.

Do I get a refund if my visa is refused in Australia?

If your visa is refused, you will only get a refund by the Australian Department of Home Affairs in very limited circumstances.

Can I apply for Australian visa after refusal?

If your visa application is refused or your visa is cancelled on non-character grounds, depending on your immigration history and circumstances, you may only be eligible to apply for a limited list of prescribed visa types while you are in Australia. The limited list includes but are not limited to a Partner Visa, protection visa and Bridging Visas.

 

Withstand Lawyers specialises in Visa Refusals, so please contact our lawyers for personalised Visa Refusal Appeal or book a meeting to make the whole process easier and faster.

    Free Initial Consultation

    Complete for eligibility advice


    Law Society