The Australian immigration system is extremely complex and visa refusals can happen to anyone. Presenting the correct evidence and addressing the correct criteria for your application requires a methodical, measured approach to ensure nothing is missed.
Unfortunately, mistakes do happen, and your application may be refused. The good news is, if you are in Australia at the time of the visa refusal, you may have the right to appeal the decision through the Administrative Appeals Tribunal (AAT). This is a system separate from the Department of Home Affairs which independently reviews the decision made by the case officer from an unbiased perspective.
The appeals process can take a long time. Large numbers of appeals mean that processing times for your appeal can take up to 2 years or even longer. You may be able to stay in Australia on a Bridging Visa while your appeal is processing.
The AAT will assign your case to a tribunal member who will review all the evidence provided to the Department in the original application and will request further documentation from you to clarify areas of concern in your application. You may also be required to attend a hearing where the tribunal member will run through the case and ask you questions relating to the application and supporting evidence provided.
The process of going to the AAT can be quite daunting, and the systems are almost entirely different to the Department of Home Affairs. Luckily, the registered migration agents at Visa Solutions Australia have successfully won many appeals on behalf of both individuals and companies.
To find out if you have the right to appeal and what your chances of successfully appealing the decision are, talk to one of the registered migration agents at VSA. We offer consultations where we can advise on your unique situation and determine if an appeal is your best pathway towards a successful visa application. Make sure you are quick as there are limited timeframes to initiate the appeals process, and once you miss the window of opportunity there are no further rights to appeal.
The UK commentator, Katie Hopkins’Australian visa, and her subsequent deportment made headlines. It has been reported that Hopkins, broke hotel quarantine rules resulting in her visa being cancelled. A visa can be cancelled, if it is believed that the visa applicant/holder is in breach of sections 101 to 105 of the act. An applicant must pass a character test and prove they are not a risk to the community.
The Administrative Appeals Tribunal (AAT) conducts independent reviews of administrative decisions made under Commonwealth laws. The AAT reviews decisions made by Australian Government ministers, departments and agencies prior to them going to Court.
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