How to Appeal a Refused Australian Visa?
Visa Appeals
How to Appeal a Refused Visa?
Receiving a visa refusal can seem like the end of everything. However, if you applied from onshore, there is likely the opportunity to appeal the negative outcome. Pathway to Aus has assisted many clients to appeal their visa refusal for all types of visa applications.
This guide will help you go through the process to appealling your refused Australian visa and provide you with insights but, if you would like to speak to an experienced agent about your specific circumstances, feel free to book into a consultation.
Can You Appeal Your Refused Visa?
If you are onshore, you should be able to appeal any type of visa application refusal. This includes:
Student visas
Skilled visas
Family and Partner visas
Even if you applied from offshore, most permanent visa applications can be appealed.
Understanding the Reason for Refusal
The first step you need to take is to carefully review the refusal letter from the Department of Home Affairs. This letter will explain 3 points:
Reasons for the refusal:
The assessing officer must specify the specific grounds for the negative decision. Different visa applications require different types of supporting documentation to be provided. For example if your student visa application was refused, we might need to re-do the Genuine Temporary Entrant (GTE) statement and provide additional documentation that addresses the reason for refusal and shows how you meet the legislative requirements.
Right to appeal:
Whether your case is eligible for an appeal.
Deadline for appeal:
The timeframe to lodge your appeal which is typically 21 days from the decision date for onshore applications.
Steps to Appeal a Refused Australian Visa
Note that when you apply to appeal a decision at the ART, your bridging visa should be automatically extended. Your bridging visa should keep the same conditions (work rights) as the visa you held at the time of refusal.
1. Lodge Your Appeal
Submit your appeal to the Administrative Review Tribunal (ART). Here’s how:
- Access the ART online portal: ART Website.
- Fill out the application form: Provide your details, visa subclass, and attach a copy of the refusal letter.
- Pay the fee: The standard application fee is $3,496. You will be refunded 50% of the full application fee if you receive a favorable decision.
2. Gather Supporting Documents
- Additional documents to prove eligibility
- Evidence of changes in circumstances since the initial application
- Letters of support, if applicable.
3. Prepare for the Hearing
The ART may schedule a hearing to review your case. The hearing is an opportunity for you to give more evidence and present your arguments relating to the issues arising in relation to the decision being reviewed. Be ready to:
- Explain why the refusal was incorrect.
- Present evidence or call witnesses.
- Be represented by a migration agent or lawyer, if needed.
4. Wait the Decision
- Reversal of the refusal: Your visa is granted.
- Upholding the refusal: You may explore further options, such as judicial review or reapplying.
How Pathway to Aus Can Help
Navigating the visa appeal process can be challenging but worry no more as your chances can be greatly improved with the right guidance. Here at Pathway to Aus, we have experts who specialise in visa appeals.
Willem, one of our Senior Migration Agents, has an in-depth understanding of the appeal process and a strong record of success across all types of visas. He has helped countless clients overturn their visa refusals. His expertise, coupled with a personalised approach, ensures that all his clients receive the best possible assistance. Whether it’s preparing your documents, lodging your appeal or representing you at a hearing, Willem will be with you to guide you every step of the way. If you are looking to appeal a visa refusal, book a consultation with Willem for assistance with your appeal and any future visa application.
Tips to Strengthen Your Appeal
Facing a visa refusal can be disheartening but an appeal through the Administrative Review Tribunal (ART) provides a second chance. By understanding the process, preparing thoroughly, and seeking professional advice, you can improve your odds of a successful outcome.
Seek Professional Guidance:
A registered migration agent can provide tailored advice.
Adhere to Deadlines:
Understand the Requirements:
Frequently Asked Questions
In case you don’t find an answer to your question, feel free to consult with one of our agents.
Can you appeal a refused Australian visa?
Most visas can be appealed. If your Australian visa application has been refused or rejected, you can make an appeal at the Administrative Review Tribunal (ART). Please check thoroughly your refusal letter to confirm if you are actually eligible for the visa you applied for.
How long do I have to lodge an appeal after my visa is rejected?
You typically have 21 to 28 days to lodge an appeal with the Administrative ReviewTribunal (ART) after receiving the visa refusal notice. The exact time frame will be specified in the refusal letter.
Can I re-apply for a visa instead of appealing the rejection?
Potentially. However, it is essential to address the reasons why the previous visa application was unsuccessful in order to improve your chances of the new application being successful. Seeking professional advice can increase your chances of a positive outcome.
Where can I find the reason for my visa rejection?
You may review the reason for your rejection in the refusal letter sent to you by the Department of Home Affairs.
What happens if my visa appeal is unsuccessful?
If your visa appeal is unsuccessful, you may explore other options, such as reapplying for a different visa, requesting a judicial review if a legal error occurred, or seeking professional help from registered migration agents for guidance to determine the best course of action.
GET IN TOUCH
In case of questions, feel free to reach out to one of our experienced Registered Migration Agents.
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