Has your visa been refused or cancelled? We know this can be troubling news, but we’re here to walk you through this unfortunate incident. There’s a solution for this and here’s some information about it.
Why was your visa refused or cancelled? There are a number of reasons why this could have happened but here are a few of the common ones you can cross-check with:
01. Application for the wrong type of visa
02. Failure to prove the financial capacity
03. Incomplete or false information given to authorities
04. Your sponsor failed to meet the requirements
05. Unawareness of the course you applied for
06. No relevancy of the applied course with your current qualifications or experience
07. Failure to provide concrete future plans
08. Miscalculation in Points
You can approach the Administrative Appeal Tribunal (AAT) to get your visa application and decision reviewed.
What is AAT? The Administrative Appeals Tribunal (AAT) is a body that conducts independent merits reviews of administrative decisions made under Commonwealth laws. These include decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by the state government and non-government bodies. Additionally, they also review decisions made under Norfolk Island laws.
What does AAT do? The Administrative Appeal Tribunal is the only body with authority to review the merits of a visa application. AAT examines your application afresh, reviewing the documents, evidence, forms and all the information you have provided to the department. The AAT reconsiders your case file, reviewing the facts provided and laws relating to the decision to arrive at a new conclusion.
Pro Tip: There’s a time limit on your review application mentioned in the notification letter of the decision. Also, note that there may be additional application fees for the appeal application.
How much time does it take for the appeal to be processed? Generally, the processing time is between 12 to 18 months, but it may vary depending on the case category. Only in exceptional cases can you request an assessment on a priority basis.
What can be the result of AAT review? The possible results that can come out of the appeal review process are either positive or negative. The AAT will either agree (“Affirm”) with the department’s decision to refuse or cancel your visa. Or, the AAT may disagree (“Vary”) with the decision and resend your application with new instructions and recommendations. Your application will be then forwarded to the Department of Immigration for further assessment.
If the conclusion of the review is Affirm, then there are two options:
01. Application to Federal Court: This can be done in strictly limited cases where there is some Legal Error in the decision by AAT.
02. Application for Ministerial intervention: You can write a request to the Minister for his discretion to grant you a visa by providing some potent reasons. The number of successful requests is less. However, if the Minister intervenes, then the decision is generally positive.
Our team of registered MARA Agents have extensive knowledge of expertly preparing your documents and case file. Our end-to-end solutions also increase the likelihood of a successful appeal. Get in touch with us by booking a consultation to make your appeal stronger and your dream come true!