A Comprehensive Guide to Appealing an Australian Visa Refusal
Receiving a visa refusal from the Australian Department of Home Affairs (DHA) can be a stressful and disheartening experience. Whether you’re applying for a tourist, student, or partner visa, the implications of a refusal can be far-reaching. However, it is important to remember that a refusal is not the end of your journey. You may still have options to challenge the decision of the DHA’s delegate, either through an appeal process or by lodging a new application. In this guide, we will explore the steps involved in appealing a visa refusal, the common reasons for refusal, and the best strategies for improving your chances of a successful appeal.
Understanding Visa Refusal and Your Options
When your visa application is refused, the DHA typically issues a formal refusal notice, which outlines the reasons for the decision. This notice is essential because it provides you with the specific grounds on which your application was rejected, and any relevant timeline for your next steps. In some cases, the refusal may be based on insufficient documentation, failure to meet eligibility criteria, or concerns about your intentions during your stay in Australia.
Once you receive the refusal notice, you have several options to consider:
- Appealing the Decision: If you believe the decision was incorrect or unjust, you may be eligible to appeal to the Administrative Review Tribunal (ART) or the Federal Circuit Court, depending on the type of visa and the nature of the refusal.
- Reapplying for a Visa: In some cases, you may choose to submit a new application with additional documentation or clarifications that address the concerns raised in the refusal notice.
- Seeking Legal Advice: Immigration law can be complex, and the consequences of a refusal may have long-term implications. Consulting with an experienced immigration lawyer can help you understand your options and improve your chances of success.
Step-by-Step Process for Appealing a Visa Refusal
If you decide to appeal a visa refusal, the first step is to carefully review the refusal notice to understand the grounds for the decision. Some of the most common reasons for visa refusals include:
- Failure to Meet Health or Character Requirements: Visa applicants must meet certain health and character criteria. If you fail to meet these requirements, your application may be refused.
- Insufficient Financial Evidence: For tourist and student visas, you need to demonstrate that you have sufficient funds to support yourself during your stay. If the DHA is not convinced of your financial capacity, your application may be rejected.
- Incomplete or Inaccurate Documentation: A refusal may occur if your application lacks necessary documents or contains misleading and incorrect information<span< a=””> style=”font-weight: 400;”>. It’s crucial to ensure that all required information is submitted correctly.</span<>
Once you have a clear understanding of the reasons for refusal, you can proceed with the following steps:
- Check Eligibility for an Appeal: Not all visa refusals are eligible for appeal. Certain decisions such as those made under the Migration Act may not be reviewable. If your refusal is eligible for appeal, you will generally have 21 days from the date of the refusal notice to lodge your appeal with the ART. Always check the DHA’s communication as they will let you know how many days you have to prepare for the next steps.
- Prepare Your Appeal: When preparing your appeal, it’s important to provide new evidence or arguments that address the concerns raised in the refusal notice. This could include additional financial documents, health assessments, or character references. You should also ensure that your appeal submission is concise and focused on the key issues.
- Submit the Appeal: After preparing your appeal, submit it to the ART or the relevant tribunal. The appeal process may involve a hearing, where you will have the opportunity to present your case. It’s essential to be well-prepared and to follow all procedural requirements to avoid delays.
- Await the Decision: After your appeal is submitted, the ART will review your case and make a decision. This process can take several months, depending on the complexity of your case and the tribunal’s caseload.
Common Challenges in the Visa Refusal Appeal Process
While appealing a visa refusal is an option, it is not always straightforward. Some of the common challenges faced by applicants include:
- Tight Deadlines: The appeal process has strict deadlines, typically 21 days from the refusal notice. Missing these deadlines can result in your appeal being rejected.
- Complex Legal Issues: Immigration law can be highly complex, and the grounds for refusal may involve technical legal issues that are difficult for applicants to navigate without professional assistance.
- Limited Grounds for Appeal: In some cases, the ART may not have the authority to review certain types of refusals, such as those based on character or security concerns. This can limit your ability to challenge the decision.
Strategies for a Successful Appeal
To increase your chances of a successful visa refusal appeal, consider the following strategies:
- Provide Additional Evidence: If the refusal was based on insufficient documentation or concerns about your financial capacity, submitting additional evidence can strengthen your case. This might include bank statements, affidavits, or proof of employment.
- Address the Specific Grounds for Refusal: Your appeal should focus on addressing the specific reasons for the refusal. For example, if your application was refused due to health concerns, you may need to provide a new medical assessment or demonstrate that the health issue has been resolved.
- Seek Legal Advice: Engaging an experienced immigration lawyer can be invaluable in preparing a strong appeal. A lawyer can help you understand the legal issues involved, draft compelling submissions, and represent you in hearings.
Key Considerations for Different Types of Visas
The process for appealing a visa refusal may vary depending on the type of visa you applied for. Below are some considerations for specific visa categories:
- Tourist Visas: If your tourist visa was refused due to concerns about your intentions to return to your home country, you may need to provide additional evidence of your ties to your home country, such as employment or family connections.
- Student Visas: For student visa refusals, the DHA may be concerned about your financial situation or the genuineness of your study intentions. You may need to provide further documentation of your enrollment, financial support, and long-term study plans.
- Partner Visas: Partner visa refusals are often based on concerns about the genuineness of the relationship. To appeal, you may need to provide more evidence of your relationship, such as joint financial records, photos, and communication logs.
Conclusion
Appealing a visa refusal can be a challenging and time-consuming process, but it is often the best course of action if you believe the refusal was unjust. By carefully reviewing the refusal notice, preparing a strong appeal, and seeking professional advice, you can improve your chances of success. Remember that every case is unique, and the best strategy will depend on the specific circumstances of your visa application.
If you have received a visa refusal and are unsure of your next steps, it is advisable to consult with an immigration lawyer who can provide personalized advice and guide you through the appeal process.
For more information, contact us for guidance specific to your case.
197 Responses
Hello,
My Mother-in-law’s FA 600 Family Sponsor Stream Visa got refused because I was the Sponsor instead of my Wife. We both are Australian Citizens. My Mother-in-law has already visited Australia twice before and once on the same Visa category.
In this case should we just reapply for the same visa with my Wife as the sponsor.
An advise would be appreciated
Regards
Dhriti
Hi Dhriti
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Yes absolutely reapply. The time in the costs associated with any appeal in respect of a Family sponsored stream visitor Visa is not worth it in these particular circumstances.
Also there is no set period where you cannot reapply. I would simply reply today with the fresh information.
Perhaps the most important thing is to make sure that you answer every question correctly including the fact that there was a prior visitor Visa Refusal. It is very very important you do not forget to mention that.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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I got divorced and married again from Bangladesh. After that I have applied for a sponsored family visa to bring my wife here in Australia. But the case officer refuse my wife’s application of subclass 600 sponsored family visa.
My plan was to bring her first here in Australia and then apply for spouse visa as I dont have sufficient fund to apply for a spouse visa. Also there is a long cue in this section.
is this refusal impact her spouse visa application?
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Yes, the Visa refusal will indeed impact the spouse Visa application simply because any refusal is considered by the decisionmaker in your next Visa application. Having said that I do not see this is particularly problematic if you were able to explain yourself clearly and provided there has been no false or misleading information in relation to the previous application.
You should give serious consideration to waiting until you have saved up enough money for the lodgement of the offshore partner Visa application before making any application for a sponsored family visitor Visa.
Unfortunately lost it is technically possible to get a visitor Visa to enter Australia and then login onto application for a partner Visa, this strategy is thwarted if your visitor Visa application is refused as appears to have happened in your case. Given the refusal I think the most sensible approach would be to lodge the offshore partner Visa first and then make an application Clearly indicated that a partner Visa application has been lodged and because of the duration in processing time being a number of years, argue that the grant of a sponsored family visitor Visa is appropriate in the circumstances. If you are unable to convince a decision maker of this then you will be given a decision record outlining the reasons for refusal of your visitor Visa application . In the case of a family sponsored visitor Visa you will have a right of appeal to a tribunal in Australia and it might be that this is your best long-term option.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
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I, permanent resident of Australia, applied for o my father’s visit visa (subclass 600) applied on 30/7/2018, the visa was rejected .Afterwards I went to tribunal to make an appeal.
Appeal decision was in my favour ,which was received afterwards in my favour on 13/11/2020
the case just shows finalised . no update after 2 yesars now
department should update me regarding my father ‘s visa. There is absolutely no update in my father’s case . I have attached appeal decision to the case as well, however the case is still closed. I have called the 131 881 number multiple times and all they tell me is to wait.
What should i do ?
It would appear that the application was for a visitor Visa under the family sponsored stream. This is why you would’ve had appeal rights to the tribunal. Certainly is very strange and disappointing that I’ve just taken so much time for the department to revisit the application which was remitted to the department by the tribunal.
There are a number of complaint mechanisms open to you but I feel at a very practical level that it may be that you should simply apply for a fresh application with a fresh application fee and upload all of the relevant information from the previous REFUSAL and remittal from the AAT.
I know this sounds frustrating to have to do again and to incur the cost again but it might well yield you a faster result. You also have control of the application being a new application in your Immi account.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hi Nilesh,
If I travel overseas on a Bridging Visa B, and for what ever reason my current visa application (made onshore) is refused whilst I am overseas, do I have a period of time to travel back to Australia to appeal the decision or will I loose my appeal rights and not be able to return?
Thanks,
Kaiman
Kaiman
This is a great question.
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Hey let me assume that your Bridging Visa “B” Class (Subclass 020) was granted to you in association with a new application for a student Visa made onshore whilst you were the holder of a substantive Visa.
If the new substantive visit you applied for is refuse whilst you are outside of Australia then you will typically have a window of 35 days to return to Australia. You need to check the duration of your Bridging Visa “B” Class (Subclass 020) .
You must return before the travel facility of the Bridging Visa “B” Class (Subclass 020) ends or within 21 days of the Visa refusal, which ever is shorter. I would return immediately if you get a refusal because you must return and be inside Australia at the time of lodging any application to the tribunal and it will take you a couple of days lodge. You don’t want to leave it to the last minute.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Hello
My wife’s medical was unsuccessful because the MOC mis calculate the cost based on her current treatment plan in 2018 though we explained the treatment plan will be changed which eventually happened. After we go to AAT the senior MOC from BUPA gave the positive result for us and the PR was granted in 2021. During this time we lost a lot of money and a lot of things! My question is can we Sue BUPA for not giving importance on the treatment plan and gave the wrong decision?
Plz let me know if possible
Thanks
Kind regards
Sam
Sam
I can understand your frustration. I’m sure that the delay caused by the initial assessment has resulted in significant financial loss and other stress.
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You should seek the advice of a lawyer who specialises in negligence for greater clarity
My initial thoughts are that the medical officer of the Commonwealth has a broad discretion in relation to the determination.
I would expect that the decision-maker has not made any decision which is so unreasonable that no decision-maker could have made such a decision.
In this way the decision-maker is said to have a broad decision or freedom and it will be quite a challenge for you to prove that the decision by BUPA was outside of the decisional freedom in which the decision-maker is allowed to operate.
As a preliminary step I would seek to ascertain objectively what indeed the loss was that has been suffered. It may be that after objective quantification of this loss, you may decide not to proceed even if there was a cause of action against BUPA because of the costs and risks associated with any litigation. In such a case it would simply be throwing good money after bad.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
Hello sir,
I am student in Australia and my husband is in India.In 2019,I came in Australia and applied my dependent visa for my husband.But unfortunately ,they refused my husband’s visa .Now I have applied 485 as a single applicant ,thinking of applying husbands visa as a subsequent entrant once my visa will grant..Now ,the blunder my agent did was he hide my husband’s previous canada refusals in dependent file…Please sir tell me what could be the consequences if I show refusals in subsequent entrant file????Do I need to show or not???
Hello Nilesh,
Good day.
Please urgent advise needed.
I have an employer sponsor and want to apply for a TSS 482 for my family and I. will a UK visa ban, (but never applied to Australia previously and does not have any criminal issue) on my spouse affect the outcome of this application automatically. Do we still stand a chance if we apply?
Thank you.
I applied for protection Visa and got refused. Now I’m offshore, Can I apply for work Visa such as Visa 491, 189 or visa 190 ?