About the Process
In some cases, your visa application may be refused/cancelled. When this occurs, it’s important to consider potential reasons for visa refusal/cancellation so that you can submit an appeal. By applying for an appeal at the Administrative Appeals Tribunal, you can ensure you’ve done everything in your power to successfully obtain an Australian migration visa.
What are the reasons for a visa cancellation/refusals?
- The applicant did not comply with the visa conditions.
- The applicant did not meet character requirements set by the Department of Home Affairs (DHA).
- The applicant provided false information on their visa application.
- The applicant asked for the visa to be cancelled.
If the applicant is onshore (in Australia) or immigration clearance DHA will usually notify of their intention to cancel the visa. DHA will give an opportunity to put forward reasons why the applicant’s visa should not be cancelled.
How can I appeal a Visa Cancellation decision?
The applicant will receive a cancellation notice which should be read carefully because each decision is different. This letter should advise:
- If the applicant has the right to appeal your decision
- The timeframe available to lodge the appeal
- The relevant appeal body your appeal should be directed to
Generally, a visa cancellation decision is appealed to the Administrative Appeals Tribunal and if this is the case it will be clearly stated in your visa cancellation notice.
Some visa cancellation decisions are appealed to the courts instead. Whether the person can apply for merits review by the AAT depends on whether the decision was made by the Minister personally, or by a delegate of the Minister. A decision made by a delegate (e.g. a DIAC officer) to refuse to grant or to cancel a visa under section 501 is subject to merits review by the AAT, but a decision made by the Minister is not
Frequently asked questions
Yes! The experienced lawyers at Solve Migration are able to support you through the appeal process, from beginning to end.
You can submit your own visa refusal appeal. However, you’ll need to have a clear understanding of complex migration law in Australia. A mistake could cost you thousands or result in an unsuccessful appeal. If you plan to self-submit your visa refusal appeal, we recommend getting a professional document check to ensure your appeal meets all relevant requirements. If you’d like legal support to submit your appeal, our lawyers are always happy to help.
The cost of your visa appeal may vary depending on the visa you’re applying for. However, the standard cost is approximately $1,826 AUD. You may also need to pay other costs associated with documentation, including health checks, police clearances, biometrics, and other selection criteria.
If you need help estimating the total visa cost for you and your family, please contact Solve Migration.
Please note that you will need to enter Australia before the last date specified on your Visa Grant Letter.
The typical processing times for a visa appeal will vary depending on the visa you are applying for.
Depending on the reason(s) for refusal, you may have a chance of getting the decision overturned at the AAT. Some common refusal reasons can be successfully argued at the AAT, especially with new supporting documents and evidence.
In most cases, when you have the right to appeal, you can appeal to the Administrative Appeals Tribunal (AAT).
Common reasons include student visa holders not attending classes, temporary partner visa holders not notifying the DHA of the relationship ending, and visa holders providing bogus documents or failing the Character Test.
Solve Migration, your partner in success.
At Solve Migration, we understand the importance of quality legal support in helping you navigate migration law and visa law concerns. Our team of qualified lawyers is proud to support clients across the country, working in line with the Immigration Act Australia.
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