Has your application for an Australian visa been rejected recently? Or are you concerned that it may be?

There are steps that you can take to seek a review or appeal the Department of Immigration’s decision. A review focuses on the ‘merits’ of your application for a visa.

In Australia, reviews of the Department of Immigration’s decision to refuse a visa are heard by a ‘tribunal’. It’s a body that is set up under Australian law and is separate from, and independent of, the Department of Immigration (also known as The Australian Visa Office). Their job is to make sure the Department of Immigration has acted fairly and in accordance with the law when they made the decision to reject your visa application. However, a review doesn’t happen automatically.

You have to act quickly to make sure that you don’t lose your opportunity for a review. If you wait too long, the Department of Immigration’s decision to reject your application will be final.

If you think you might be out of time already or close to the deadline get in contact with us immediately and we’ll update you what we can do, otherwise keep reading to see what you can do and what happens behind the scenes.

Who can review a decision to reject an Australian visa?

Once you learn that your Australian Visa Application was denied, you must launch a request for a review in a timely manner. A review can only take place if you have made a formal application to the correct division of the  (the AAT).

The Administrative Appeals Tribunal now has a separate division that reviews decisions made by the Department of Immigration to reject visa applications. That division is the Migration and Refugee Division of the AAT. It has responsibility for reviewing decisions that were previously reviewed by the Migration Review Tribunal and the Refugee Review Tribunal. This process can be highly confusing, especially if you’re not familiar with Australian law, agencies and even the English language. You will need the help of a specialist immigration lawyer.

Your right to have a decision about your Australian visa reviewed

Whether or not you have the right to get a decision by the Department of Immigration to reject your Australian visa depends on:

• the type of visa you applied for, and

• the reason why your visa application was rejected.

The Department of Immigration will have sent you a letter outlining their decision and what rights you have in terms of seeking a review. The letter should give you an understanding of the reasons why your visa application was rejected. Most importantly, the letter will also set out the time limit for seeking a review that applies in your case. You need to read this letter very carefully and make a note of how much time you have to apply for a review. It’s very important to keep a copy of this letter.

Some of the reasons why Australian visa applications are rejected

Your application for an Australian visa might have been rejected for any one of several reasons:

• You may not have completed the application for a visa properly, missing out important information

• You may not have met the criteria for the type of visa that you have applied for

• You may not have provided sufficient evidence or proof to support your application for a visa

• You didn’t meet the applicable health or character grounds

• You might have provided false or incorrect information on your application for a visa

If your Australian visa was rejected, it’s not the end of the world

Speak to a Results Migration specialist lawyer for advice on your specific situation. Our lawyers assist hundreds of potential Australians with visa rejection issues every year. Contact us for a free, quick consultation.

A review is an opportunity to explain your situation in greater detail, to set the record straight or to provide the missing information or documents that led to your visa application being rejected. Applications for a review are time-critical. Usually you only have a few weeks in which to apply for a review. If you miss the deadline, you will not be able to proceed with a review and you will lose your opportunity to get a visa. Making a careful, thorough and well-supported application for a review can give you a second chance to secure an Australian visa.

How to apply for a review of the decision to reject your Australian visa

You can apply for a review of the decision to refuse your application online, by post, by fax or in person at the Administrative Appeals Tribunal registry. Some of the registries are the former (ie. pre-amalgamation) Migration Review Tribunal and Refugee Review Tribunal Registries. They are located in most capital cities of Australia.

There is a fee that must also be paid in making an application for a review. This can be reduced or sometimes even waived if you are in immigration detention or suffering from financial hardship.
The forms requesting a review are found on the Administrative Appeals Tribunal website.

You must support your application by providing relevant documents. They should either be in English or translated into English by an accredited person.

What happens once your application for a review is lodged with the AAT?

Once you have lodged your application for a review of the Department’s decision to reject your visa application, your case will be reviewed by a single AAT tribunal member. They have to consider your application against the same criteria as the Department of Immigration. This criteria is contained in the Migration Act 1958, a piece of Commonwealth legislation.

You might then be asked to come to a hearing, which means that you can attend in person to present your case and provide supporting documentation. Sometimes, hearings can also take place by telephone or via videoconference. An interpreter will be provided free of charge if you need one. You will be seen by a tribunal member who will ask you lots of questions about your application, look at all of the relevant paperwork and hear from any relevant witnesses. A hearing takes place in a room that looks a lot like a court room. The hearing is voice-recorded. For this reason, a review hearing can be quite a stressful process, especially because the outcome will determine whether you can stay in Australia.

A decision will be made by the tribunal member after that and you will be notified of their decision in writing. That written notification will contain the reasons for the decision made by the Tribunal.

If you are successful, the tribunal itself can’t grant you a visa but can change a decision made by the Department of Immigration and then resubmit your application to the Department of Immigration for processing. The tribunal may decide that they do not have the power to review

Representation at the Administrative Appeals Tribunal

You can choose to have a representative at the Administrative Appeals Tribunal. In fact, it will greatly boost your chances of being successful. A representative can give you advice, contact and communicate with the Administrative Appeals Tribunal on your behalf and submit written submissions and evidence. They can also accompany you to a hearing itself.

Any representative who appears before the AAT in relation to a matter in the Migration and Refugee Division must be registered with the Migration Agents Registration Authority (MARA). It’s best to consider getting a representative involved very early on, before you even apply for a review. They can help you avoid some of the common fatal mistakes made by people applying for a review, such as not meeting the strict time limits or submitting the wrong forms.

Results Migration understand that the success of your application for a review also means the difference between securing an Australian visa or having the decision to reject your visa upheld. Results Migration are a registered Migration Agent with the office of MARA, as well as experienced and passionate litigators specialising in Migration law. Most of all, you get the benefit of their years of experience and comprehensive advice tailored specifically to your situation. The likelihood of successfully negotiating the appeal process is much-improved if you are assisted by a representative in the AAT.

If your Australian visa has been rejected, contact Results Migration immediately on 1800 808 717.