Visa Appeal

Refusal or cancellation of the visa application by the Department of Home Affairs is sometimes very discouraging for the applicants. There might be various reasons for the refusal of visa such as failing to fulfill the visa requirements or applying to the wrong type of visa etc. The applicant can apply for the visa appeal if received the Notice of Consideration from the Department of Home Affairs.

Administrative Appeal Tribunal

The applicant can apply to Administrative Appeal Tribunal (AAT) to review the refusal or cancellation decision of visa application. Applicant must apply for the visa appeal within the stated review period. And provide evidence of considering why visa application is needed to be reviewed. AAT review:

  • the decision made by the Department of Home Affairs based on facts, laws, and policies.
  • the documents, evidence and information provided by the applicant

Outcomes

AAT either agrees or disagrees with the department’s decision.

Affirm: When AAT affirms the refusal or cancellation decision made by the Department of Home Affairs, it means the refusal decision remains valid.

Vary: When AAT vary with refusal or cancellation decision made by the Department of Home Affairs, AAT will resend the visa application for further assessment.

Ministerial Intervention

The applicant can also write a request to the Minister for Immigration and Border Protection to review the refusal decision personally.  But the applicant must provide valid reasons or evidence to review the decision.

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Nasir Nawaz

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BA (LLB), Masters, MARN 1807450

University of New South Wales postgraduate with Law specialisation in Dispute Resolution and having Graduate Certificate in Migration Law and Practice, Nasir Nawaz is a Registered Migration Consultant. He has passion about different fields of law and his diverse experience spans Psychology, Dispute Resolution and immigration law.

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