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
My partner decided to inform the Immigration Department of a relationship breakdown. We have been together for 15 months ( 10 months on a partner visa ). I still didn’t get any letter from Immigration so I am wondering what if my ex-partner change her mind and write another letter stating that she made a mistake and that she has realized that our relationship was going through a hard time for various reason and that she reacted impulsively and would like to take that back.
Cheers,
Nick
Hi Sir,
Our PR visa 189 application was refused and we applied for AAT last September 2018 but until now we have not receive any updates about it. Is that normal? What should we do? Do we need to update them regarding our work or our circumstance, should we contact them and ask? It’s been 3years now. Should we just wait until they will give us hearing schedule? Please advise.
Hello sir I refused 3 times two times tourists visa and one times dependent visa. It there any chance to get a visa if I apply again. Please suggest me
Hi sir
Myself Indian Australia citizen Holder now. I applied offshore visa 309/100 for my wife.
I had criminal case in Australia.
Case officer of my wife request for my PCC .
Case officer said they give response as per the results of court case.
We had child born in india got his citizen by decent and 5 year Australia passport at the moment both are in india.
Myself now in Australia.
Please advise me I’d there any other visa to apply for my wife.
Just in case
Hi Sir,
I have a question for you. I had my student visa refuse (due to very bad management of student agency Dingoos) but I had already started my course so I decided to appeal to AAT. I was recommended to keep studying and I wanted but with no working rights and after experiencing very bad lessons I though I was better off.
When I told the school my intentions to withdraw they kind of threaten me saying that if I don’t continue AAT will foward my case and they will contact me in just a couple of months (not 1 year as it is usually) and probably affirm the refusal.
Is that true or just a lie to keep me paying the course?
Thanks for your time.
I’m sorry to hear of your misfortune.
Two tips I have for you.
Changing course provider with likely keep your studying and motivated.
Secondly, know that you must continue to be a genuine student and meet the GTE requirement.
I can help you the appeal. Book an appointment with me if you need my help with the AAT appeal.
Hi Nilesh.
Thank you for such a comprehensive article. It was super informative. Looking to get your expert advice regarding the matter below:
My brother in law is considering coming to Australia for Postgrad Course work along with his wife. As he himself is financially incapable my wife (his sister) and I are willing to provide him the support. We are Australian citizens living is Sydney. We have combined family annual income of around 150K per annum pre-tax. My questions:
A. Do we need to have a certain amount of money in our bank account? Is there a minimum threshold or benchmark?
B. They will be staying with us during their course of study. And we will sponsor their food and accommodation. Is this anyway a negative for GTE?
Thanks in advance for you kind help.
Dear Imran
Two things jump out at me here.
One is your nationality (and his). Expect a heightened level of scrutiny. Second is access to funds.
Nothing can be done about the first, other than being careful and diligent with all documents in your application. It’s much hard to recover after a visa refusal from your part of the world.
The second – access to funds. The department needs to consider if your brother has genuine access to funds. In order to do so they would assess his income, assets and sources of income such as funds from you.
They would take a close look at the nature of the relationship between you and your brother if you have provided financial support for another student visa applicant, any ability for you and your family to meet living costs in Australia etc.
Your brother should have genuine access to funds before and while he holds the proposed visa.
The department will assess bank accounts in his name, if lump-sum payments have been made, how long the money has been in the account and the family’s individual circumstances and finances.
The amount of funds is calculated by adding:
Your brother’s travel expenses
if your brother intends to stay in Australia for a period of 12 months or more – AUD21,041 (annual living costs)
If the duration, or the remainder, of the primary applicant’s period of study in Australia, is more than 12 months – course fees for the first 12 months of the period study in Australia;
For his wife
travel expenses; and
if the wife intends to stay in Australia for a period of 12 months or more – the annual living costs- AUD7,362 (annual living costs)
if your brother and his wife intend to stay in Australia for a period of less than 12 months – the pro rata equivalent of annual living costs, calculated by:
(a) dividing the annual amount by 365; and
(b) multiplying the resulting number by the number of days they intend to stay in Australia.
So to answer your question, you’ll need to show access to funds, to the extent calculated as above, preferably in your brother’s bank account …and if this is not possible then you’ll risk refusal but nothing stopped you trying with submissions that’s it’s readily accessible in your win account.
In response to your second question, when the department considers whether he and his wife are genuine temporary entrants (GTE), they consider your brother’s situation as a whole. They will assess your brother’s living arrangements and ties to Australia.
GTE issues include facts like the extent to which the proposed course is relevant to past or proposed future employment in his home country, expected salary and other benefits in his home country to be obtained with his qualifications from the proposed course of study and ties to his home country that support an intention to return after study is finished.
I don’t believe that living with you and your wife is an issue in so far at GTE is concerned.
Should you wish to get specific advice about your brother’s circumstances from me, your brother can book in a consultation with me here.
Regards
Nilesh Nandan
Immigration Lawyer
MyVisa®
Hello and thankyou for an insightful article. I was wondering if you could answer me a quick question please?
This is the situation.
I met a woman who is currently in Australia on a Bridging visa A as part of a partner visa application. A few months ago her sponsor met another woman online and has applied for her application to be revoked. She is expecting a refusal in the next few weeks and intends to make an appeal.
I am confident she has no real grounds for appeal, however that aspect is a matter for her agent. We have in the last few weeks entered a romantic relationship. It’s early days yet, however my question relates to this.
Assuming her visa is refused, and she must leave the country, will this have a negative impact on her ability to apply again if things get serious with us? And would such a refusal result in a period of ineligibility for her to enter Australia at a later time?
Thanks for your time
Thank you very much for your question.
The big elephant in the room is whether or not the 820 was granted or not.
if it was refused prior to it’s been granted then or scope to something further. If there has been a refusal, you may have a problem with lodging a further application onshore.
Your circumstances are complicated and quite difficult to respond to accurately in this forum without further information as well as an interactive discussion.
Feel free to book in a call with me to discuss this matter further if you’re serious about having your partner stay with you in Australia sooner.