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.