Merits Review

Visa Refusal Appeal

Have you been refused an Australian visa?

Here are some common reasons why you did not secure a visa:

  • You failed to meet the conditions of a previous visa.
  • You failed to give sufficient information to prove the claims made by you in your visa application.
  • You didn’t meet the health or character requirements set for the visa type.
  • You provided incorrect details or made a false claim in your application (submitted fake documents or gave deceptive information).
  • You applied for a student visa for a course of study that isn’t in line with your previous studies.
  • You failed to prove your ability to support yourself financially.
  • The business sponsoring you for a visa isn’t viable, or there is no actual need, or the pay is not as per market salary rates, etc.

A candidate has limited time to reply to a Natural Justice Letter. If you have received an Australia refusal letter for any visa and would like to receive guidance on making a visa refusal appeal, please contact our experts.

What To Do In Case of Visa Refusal or Visa Cancellation

Candidates can request a decision on a refused or cancelled visa to be reviewed by the Administrative Appeals Tribunal (AAT). However, it is essential to know not all decisions are reviewable by the Merits Review Tribunal (MRT). For instance, if a visa has been refused or cancelled by the Minister for Immigration personally under section 501 of the Migration Act 1958, then the candidate cannot appeal to the AAT to review the decision.

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    Who Is the AAT?

    The Administrative Appeals Tribunal (AAT) is an independent organisation that reviews the decisions made by the government. Specialist offices within the AAT are responsible for reviewing these specific type of government decisions.

    Decisions that are reviewed by the AAT include:

    • The General Division of AAT reviews decisions related to:
      • Character matters (including section 501 of the Migration Act 1958)
      • Citizenship matters
      • Office of the Migration Agents Registration Authority (OMARA) matters
    • The Migration and Refugee Division (MRD) is responsible for reviewing decisions linked to most migration and refugee visa refusals. They also review decisions on the refusal of sponsorship or nomination and visa cancellations.
    • The independent office within AAT’s MRD, known as the Immigration Assessment Authority, undertakes a review of fast-track decisions related to specific Protection visa decisions.

    What Happens Once A Review Is Done?

    Once the candidate appeals to the AAT to review a refused or cancelled visa, they may receive any of the following decisions:

    1. Affirm To DHA’s Decision:

    If the AAT agrees with the Department of Home Affair’s (DHA) decision to cancel or refuse your visa, it will ‘affirm’ to the decision made by the DHA.

    2. Set Aside The DHA’s Decision:

    This decision is made when the AAT believes that the decision made by the DHA must be changed. The AAT will replace the decision made by the DHA with a new decision.

    3. Remit The DHA’s Decision:

    In this case, the AAT thinks that the decision made by the DHA must be reconsidered. The DHA will have to reconsider the application, keeping in mind the decision made by the AAT.

    No Jurisdiction:

    This is when the AAT has no power to review the decision made by the DHA.

    When To Apply For a Review For Decision?

    Candidates must know that the timeframe they can appeal to review the decision is mentioned on the visa refusal or cancellation letter. If the appeal isn’t made within the specified time, the candidate will lose the chance to have their application reviewed. If you have been refused an Australian visa and want to appeal the decision, please contact Southern Stone experts at the earliest for support and guidance.

    What Happens When an Appeal Fails at AAT

    If the ATT affirms the DHA’s decision for refusing or cancelling a visa, the candidate can:

    • Apply to the Federal Court: The candidate may apply to the Federal Court if they believe there’s a Legal Error in the decision made by the DHA and AAT.
    • Apply for Ministerial Intervention: The candidate may write to the minister to request a visa grant at his personal discretion. However, for the minister to grant the candidate a visa, there must be a good reason or case.

    Contact Us

    If you want to appeal for a refused or cancelled visa and aren’t sure how to go about the process, you may contact the experts at Southern Stone. We promise to guide you to the best of our ability to appeal for the refused visa. Other than this we also offer partner visa, skilled independent visa, subclass 190, employer sponsored visa and more. Call us on 1300 188 999 now.

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