Unfortunately, migrating to Australia isn’t always a straightforward process!
Migration is a complex area of law.
As a result, there are endless possibilities that can result in your visa coming under review or being refused, such as:
You missed or failed to respond to an important correspondence about your visa;
You remained in Australia after your visa expired;
You failed to obtain a Confirmation of Enrolment (COE);
A condition of your visa has been breached, resulting in cancellation; and/or
Your new visa application has been refused
Get in touch with us for a consultation call with our team of experts and we will find a solution tailored to your goals and dreams.
We can assist with your AAT Review!
We specialise in appeals to the Administrative Appeals Tribunal.
If you have had your visa refused or cancelled, you still may have options available to you to ensure that you can remain in Australia.
Visa application cancelled or refused?
If your Australian Visa got cancelled or refused get in touch with us now and we will study your AAT appeal and review options.
See How SJ Legals Can Help You and Your Family!
If this is you, you’ll need someone with the ability to provide comprehensive legal advice and support through the AAT review process. As qualified migration lawyers, we’re legally trained and highly skilled at what we do.
We not only provide support and representation, but collaborate with you create excellent strategic solutions to deliver the best outcome possible. Contact us about your AAT review today!
What Can I Do if My Visa Application Is Refused or My Visa Is Cancelled?
What can I do if my visa application is refused or my visa is cancelled?
When the Department of Home Affairs (DOHA) has cancelled or refused your application for a visa, you will be given notice about the visa refusal or cancellation in writing, including whether the decision may be reviewed.
You may be able to appeal your visa refusal, visa cancellation, business sponsorship or nomination application refusal to the AAT Australia.
Why Was My Visa Refused?
When applying for an Australian visa, it is up to the applicant to present the strongest case with relevant evidence to support their application. Mistakes, and incomplete applications do happen.
Student visa applicants often fail to meet the “genuine temporary entrant” requirement or “GTE”, while Partner visa applicants often fail to prove a genuine relationship.
It is not unusual that even though the same paperwork supported two, almost identical applications, the outcome is completely different. All cases are based on individual circumstances therefore specific evidentiary requirements.
AAT Appeal and Review Process
If you need assistance with your AAP appeal contact us online or call 1300 919 911 and we will get back to you ASAP.
What Is the AAT Australia?
The AAT Australia is a statutory body with the power to review decisions made by the Minister, or by officers who are delegates of the Minister of the Department of Home Affairs.
There are advantages to the AAT including:
- It is an independent body from the Department of Immigration.
- The presiding member of the tribunal can make a fresh decision on your visa application.
- The AAT is required to conduct its review in a manner that is fair, just, economical, informal, quick, and independent.
A fee is payable to the AAT in all cases except applications for review of bridging visas (including any related decision to require a security) made by persons in immigration detention.
In all other cases the application AAT fee is $1,787. The fee may be reduced by 50% if DOHA are satisfied that the full payment has caused, or is likely to cause, severe financial hardship. In this case, AAT will refund 50% of the full fee if you receive a favourable appeal decision.
If you withdraw your application for review, the AAT can only refund an application fee in limited circumstances.
AAT Appeal Results
If your AAT appeal unsuccessful we can help you with other potential avenues for review. Get in touch to discuss your case.
What if the AAT Appeal Is Successful?
The decision is either overturned or remitted (to the Department for final determination) if your AAT appeal is successful.
What if the AAT Appeal Is Not Successful?
If your application for appeal at the AAT is not successful, then you will be notified that your current bridging visa will cease in a certain period (generally 21 days). If you don’t want to leave Australia, you have two potential options for further review:
- You can make a written request to the Minister to exercise her/his personal discretion to grant you a visa or substitute a more favourable decision. This is an application for Ministerial Intervention; or
- You may be able to appeal to the Federal Court or the Federal Magistrates Court – there are strict time limits for these appeals.
If you require assistance with an appeal to the AAT or for any further appeals, get in touch with SJ Legals today. We can provide you with professional advice and representation, built on experience and vision.
The Next Step?
Request a Consultation Call
Contact us to speak with a knowledgeable team member today…