Australian Visa Refusal - APPLY FOR REVIEW

 

Receiving a visa refusal or cancellation for your study or migration plans to Australia can be truly disheartening. However, if you have recently received a notice from the Department of Home Affairs indicating a potential visa application cancellation, there's no need to panic. In many instances, there are viable solutions available to address these situations.

Reasons for Visa Rejection in Australia and the Administrative Appeal Tribunal (AAT) Process

While the following list may not cover all probable causes for visa refusal, here are some common issues that, depending on your circumstances, may contribute to visa application denials:

1. Incorrect Visa Type: Applying for the wrong type of visa for your intended purpose or situation.
2. Financial Capacity: Failing to provide sufficient evidence of financial capacity to support yourself during your stay.
3. Incomplete or False Information: Submitting incomplete or false information in your application.
4. Sponsorship Requirements: Your sponsor not meeting the necessary requirements to support your visa application.
5. Course Relevance: Lack of awareness or insufficient relevance between the chosen course of study and your qualifications or experience.
6. Future Plans: Failure to articulate clear and well-defined future plans.
7. Points Calculation: Miscalculation of points for skilled migration applications.
8. Bogus Documents: Submitting fraudulent or bogus documents to support your application.

If your visa application is denied, you may be able to seek a review through the Administrative Appeal Tribunal (AAT) in many situations.

What is AAT?

Since July 1, 2015, the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) have been merged into the Administrative Appeal Tribunal's (AAT) Migration Division. The AAT is in charge of reviewing decisions made by the Australian Federal Government regarding visas.

AAT's Role:

The AAT performs a thorough evaluation of your application. This entails re-evaluating the facts, relevant laws, and the information you gave. AAT meticulously evaluates all documents, evidence, forms, and information provided to the Department of Immigration.

Time Limit and Processing:

When filing an appeal with the AAT, you must do it within the timeframe stated in the decision notification letter. There may be additional fees associated with filing an appeal. The processing period for the AAT review varies depending on the situation, although it normally ranges from 12 to 18 months. In rare circumstances, you may be able to request a priority assessment.

Possible Outcomes:

Following a consideration of your case, the AAT may reach one of the following conclusions:

1. Affirm: If the AAT agrees with the department's decision to deny or cancel your visa, the original decision will stand, and your denial will remain intact.
2. Vary: Depending on the circumstances, if the AAT disagrees with the department's judgment, your application may be re-evaluated with new instructions and suggestions. It will then be returned to the Department of Immigration for additional examination.

Further Options if AAT Review Fails:

If the AAT review outcome is unfavorable (Affirm), you have two further options:

1. Application to Federal Court: In rare circumstances where the AAT judgement contains a legal error, you may petition the Federal Court for a review.

2. Ministerial Intervention: You can ask the Minister of Home Affairs to grant you a visa based on his or her personal discretion. The success rate for these requests is normally low, although a favourable outcome may be achievable if the Minister intervenes.