Reviews & Appeals

If your visa application is initially refused, don't be put off. Many rejections can be overturned at the Administrative Appeals Tribunal (AAT), for defendable reasons such as failing to provide enough information, giving the wrong information, or not meeting the visa conditions or health or character requirements. In our experience, these situations most often arise when the visa application is self-managed.

It is important to note that applications for review at the AAT are subject to extremely strict time limits. In most cases, if you do not make the application within the period specified in your letter of refusal, you will not be able to have your matter reviewed.

To apply for review, you will need to complete the relevant paperwork, and you may also be asked to attend a hearing, which is similar to a court hearing, though more informal. During the hearing, you will have the opportunity to tell the Tribunal about your visa application, and why you think your visa was wrongly refused.

If the AAT agrees that the facts and circumstances of your case should not have led to the refusal of your visa, the Tribunal may order that:

the original decision is void;
the decision be sent back to the Department of Home Affairs (DOHA) for reconsideration, taking into account any recommendations or findings of the Tribunal; and/or
the decision be varied.

If your visa application has been rejected, contact our professional team immediately for assistance.

The Australian Federal Circuit Court can review migration decisions made by the Minister for Immigration and Border Protection, the Administrative Appeals Tribunal (AAT), and the Immigration Assessment Authority.

The Court can only hear cases where there has been an 'error of law', which means that the decision to refuse your visa was not correctly made in accordance with Australian law. Errors of law can occur where:

natural justice has not been given to you - this means that you weren't given the opportunity to respond to adverse information about your application that someone else provided, and the decision-maker relied on that adverse information in refusing your visa application;
the wrong legal assessment principle/s or visa criteria were applied in making the decision;
the decision-maker's power was flawed or non-existent; or
the decision was irrational or illogical.

Generally, you only have 35 days from the date of the relevant decision to apply for a judicial review. If you wish to appeal, it's important to comply with this time frame, or you could lose your right of appeal.

To seek an appeal, you'll be required to complete the complex legal paperwork, which must include an identification of the error of law you think has been made, and must set out the orders you want the Court to make. You'll also be required to complete an affidavit, which is a sworn statement that supports your application, and which usually includes any evidence you wish the Court to consider.

If the Court decides that an error of law was made, the Court can:

order that the decision be made void;
make a public declaration that the decision made was void or incorrect; and/or
return your matter to the decision-maker, who will be required to make the decision again, and in accordance with Australian law

If your AAT review application has been refused and you seek to appeal that decision, contact our professional team immediately for assistance.