What is AAT Visa Refusal Appeal Processing Time in Australia?

Has your visa been rejected, and are you considering applying for an AAT Visa refusal appeal? I got you. No wonder getting a visa refusal is a stressful event, both emotionally and financially. It costs a lot of money to prepare a visa application and submit it. But getting a refusal is not the end. You can challenge the decision through the Administrative Appeals Tribunal (AAT). 

 

In this blog, I will tell you about the AAT Visa refusal appeal processing time and the potential causes of refusal. You can avoid the refusal and get your visa granted by looking into these reasons. Moreover, you can also find an overview of the AAT visa refusal appeal process if you are about to initiate one yourself.

 

Let’s dive into the details and develop a deep understanding of the process.

 

What is AAT (Administrative Appeals Tribunal)?

The Administrative Appeals Tribunal (AAT) in Australia is an independent merit review tribunal that reviews administrative decisions made by the Australian Government, commonwealth laws, Government departments and agencies, and Australian Government Ministers. In some particular cases, it also reviews decisions made by state government non-governmental bodies. 

 

In Australia, the AAT is not part of any court, but the decisions made by this tribunal are reviewed by the Federal Court of Australia and the Federal Circuit Court of Australia. The AAT was first established in 1975 by the Administrative Appeals Tribunal Act, however, it started operating in 1976.

 

What is the Role of AAT in Visa Refusal?

The Administrative Appeals Tribunal reviews the decisions made by several Government organizations, including the immigration department. If you think that your visa application has been refused on false grounds or you are not satisfied with the result of your visa application, you can apply for an AAT on your visa refusal. 

 

Moreover, if you already hold a visa and it gets cancelled for some reason, you can also get the decision reviewed by the Administrative Appeals Tribunal (AAT). AAT reviews the decision made by immigration by assessing the application, all the documents, and any additional information provided with the application. 

 

What is the AAT Visa Refusal Appeal Processing Time in Australia?

The Administrative Appeals Tribunal reviews each step of your application to verify all the information you have provided and find any errors (if any) in the immigration decision. This process is quite complex and may take time.

 

The AAT visa refusal processing time depends on the complexity of your case. However, the duration is generally long, ranging from 12 to 18 months. You can request an assessment on a priority basis, but this only happens in special cases.

 

What are Some Common Reasons for Visa Refusal in Australia?

The following are the most common reasons that will lead you towards visa refusal.

 

• Invalid Passport

• You have a substantial criminal record

• Incomplete Visa Application Form

• Visa Character Requirements

• Missing Documents

• Fraudulent information and documents

• Health Requirements

• Financial Requirements

• Failure To Provide Additional Documents

 

Let’s look into all the reasons individually to get a better insight into them.

 

1. Invalid Passport

A passport is the most important document in your immigration journey. It is important to keep your passport up-to-date and renewed if it expires soon. A damaged passport, such as one with torn or missing pages, can affect your visa application and increase the possibility of your visa rejection. You also have to make sure that your passport has a minimum of two blank pages and a validity of six months.

 

2. You Have a Substantial Criminal Record

When you apply for an Australian visa, the immigration department runs a background check to ensure you don’t have a substantial criminal record. This is done to keep Australia crime-free and bring in people who are not a hazard to society. Your visa can be refused if you have committed the following offenses.

 

• If you have been convicted of escaping from immigration detention or committed any crime while in immigration detention.
• You are/have been a member of a criminal organization or had any association with a person/organization involved in criminal conduct.
• You are suspected of being involved in organized crime.

 

3. Incomplete Visa Application Form

To support your visa request, you must fill your application with extreme focus so you don’t miss out on important information. Moreover, you must tell the truth on your application form. Your application form will be considered incomplete if you leave a blank section. This is a common mistake that many applicants make because they forget to fill out the information. This can be easily avoided by taking the time and care to proofread every application section several times.

 

4. Visa Character Requirements

The Department of Home Affairs may refuse or cancel your visa if you fail to pass a character test. The decision on your character requirements is made by the Minister for Home Affairs, the Minister for Immigration Citizenship and Multicultural Affairs, or one of their delegates. An applicant whose visa is refused or canceled by a delegate can apply to the AAT (Administrative Appeals Tribunal) to have the decision overviewed. 

 

The AAT is not allowed to review the decisions made directly by the minister, but it can review those made by delegates. A criminal conviction in your home country or any country can greatly affect your visa application. The crucial thing to remember is that if you have any criminal record, it must be penned down in your application regardless of the severity of the crime. 

 

5. Missing Documents

Missing documents is the leading reason why visa applications are rejected. Your visa application requires a number of supporting documents regardless of the visa subclass. Applicants often mistakenly provide insufficient information and miss vital documents to support their application. 

 

For example, if you are applying for a temporary skill shortage visa, you must provide an educational certificate, qualification certificate, and previous work references. To ensure that your application doesn’t get rejected, make a checklist of the documents and double-check all the attached documents.

 

6. Fraudulent Information and Documents

If a document is suspected to be counterfeited, tampered with by a person with no authority, or not issued to that person, it is referred to as a fraudulent document. As an Australian visa applicant, you must provide real and untampered documents with your application. If you provide information that is false or misleading, this can lead to visa refusal.

 

7. Health Requirements

The health requirements are a crucial part of your visa application process. Every visa holder must pass the health tests to obtain a visa. Medical conditions which may prevent a visa from being granted include:

 

• HIV

• Tuberculosis

• Hepatitis

• Cancer

• Major heart issues 

• Mental illnesses. 

 

Depending on the visa subclass, the applicant’s family members might also have to meet the health requirement if the visa includes the applicant’s family. In some special circumstances, a health waiver can be granted. 

 

8. Financial Requirements

When you apply for an Australian visa, the Department of Home Affairs wants you to satisfy the financial requirements. You have to demonstrate that you have sufficient funds to migrate to Australia. Australia requires migrants to provide detailed information about their finances, such as bank statements, to prove their financial stability. Any discrepancies in the applicant’s finances may lead to the refusal of the visa.

 

9. Failure To Answer/Provide Additional Documents

Meeting the requirements and completing the application correctly is a major part of the visa process. While the visa is being processed, the Department of Home Affairs may contact you and request further documentation or information. Although you have provided the required document already, it is important to respond to this request. 

 

Sometimes, the Department needs this additional information to complete the visa processing, making sure that no aspect is left unchecked. It is imperative that the applicant respond as soon as possible and within the suggested time frame. 

 

If the additional documents are not received before the time limit, the visa is subject to refusal. To avoid being contacted for further information or additional documents, it is recommended that you seek expert advice on your application prior to submitting it.

 

When do you need AAT for a Visa Refusal in Australia?

If your visa application is refused by the Department of Home Affairs in Australia, you can appeal the decision to the Administrative Appeals Tribunal (AAT). The AAT will review the decision and independently assess your case. You might need to apply to the AAT for a review if:

 

• Your visa application was refused.

• Your visa was canceled.

• Your sponsorship or nomination was refused.

 

It’s important to note that not all decisions can be reviewed by the AAT. For example, fast-track humanitarian visa decisions are not eligible for review. Additionally, there are strict time limits for lodging an appeal specified in the refusal decision letter you receive.

 

What is The Process for AAT Visa Refusal in Australia?

The following are the main steps to lodging an AAT visa refusal appeal in Australia.

 

• Get a Copy of Your Decision Letter

• Select the Grounds of Appeal

• Fill out The AAT Application Form

• Prepare Your Case

• Attend the Hearing

 

Click here for Further information on “How do you lodge an AAT Visa Refusal Appeal in Australia?”

 

Conclusion

This blog is your complete guide to understanding AAT Visa Refusal and AAT Visa Refusal Appeal Processing Time. Once you thoroughly read the blog, you will have a strong grip on AAT visa refusal. Moreover, you can understand the most common reasons for visa refusal in Australia. 

 

If you seek advice on your AAT visa refusal, “The Migration” is your place to get expert advice. Our team of experienced professionals, including our MARA agent and lawyer Nasir Nawaz, is dedicated to providing expert advice and support throughout the appeal process. We understand the intricacies of Australian immigration law and are committed to helping you present a strong case to the AAT. 

 

 

FAQs

 

What happens if AAT refuses?

If your application for review at the AAT is not successful, you will be notified that your current bridging visa will cease in a certain period of time. Generally speaking, this will be 28 or 35 days, which will be confirmed in the AAT’s correspondence.

 

How successful is AAT?

According to the AAT website, from July 2023 to March 2024, the majority of Family Visa, Partner Visa, Skilled Visa, and Temporary Work Visa appeals were successful. Partner Visa appeals had a 61% success rate, followed by Family Visas at 57% and Skilled Visas at 40%, compared to the 22% of affirmed appeals.

 

How much does it cost to appeal a visa refusal in Australia?

You must pay an application fee of AUD 3,496 before the deadline for applying. There is no application fee if you appeal a bridging visa decision that resulted in a person being placed in immigration detention.