How to put Australia Visa Refusal Appeal

If you have recently been turned down on your Australian visa application,it is quite common to feel disappointed and worried that your plans for the future have been shattered. Visa can be rejected for a number of reasons. It could be that you are not eligible for the visa you have applied for, or in other cases, it may be that the case officer who decided on your visa has made a mistake or has not properly gone through the information you have provided. Gladly, there is a sturdy appeal system in Australia that can allow the decision on your case to be formally evaluated again.

The Role of The Australian Administrative Appeals Tribunal

The Australian Administrative Appeals Tribunal (AAT) conducts independent reviews of visa decisions made by the Department of Internal Affairs (DIA). The AAT website briefly explains that they review some of the decisions (i.e. not for all case types) made under the Australian Migration Act 1958, including decisions:

• to refuse or cancel different types of visas
• to refuse to approve a nomination of an occupation, activity or position
• to bar, refuse to approve or cancel the approval of a sponsor

However, the AAT will not review a decision if it was made personally by the Minister for Home Affairs or Minister for Immigration or if the case is not eligible for review.

In terms of the approach of the AAT, they endeavour to review each eligible case on its merits, including looking at the relevant facts, law and policy, to arrive at their own decision. They can:

• uphold the decision of the DIA
• change a decision made by the DIA
• set aside a decision and substitute a new decision, or
• remit a decision to the decision-maker for reconsideration.

The AAT will review your case differently depending on whether you have been refused as a refugee or character grounds, or your visa has been refused but neither of these applies.

How to Apply for A Review of Australian Visa Decision?

You are first advised to check your visa decision letter as this will let you know whether you are eligible to appeal and, if so, the time limits to apply for it. The time limits for bringing an appeal depends on the type of decision, whether the individual is detained in an immigration centre or not. Those in immigration detention have to apply for an appeal within seven days, and for those detained, the time limit is 28 days. The time period is calculated on the basis of the date on which you received your decision from the DIA. If the time limit is over, then it will not be possible to bring an appeal.

The appeal application can either be made online or on a paper form. With the online appeal system, you can provide the AAT with documents or information at any time during the review process, receive an automated confirmation of all documents lodged, and view and copy documents previously submitted.

The fee to bring an immigration appeal is AUD$1,826. But in cases of severe financial hardship, it can be reduced by 50%. To request for a fee reduction, you have to complete the M11 Request for fee reduction form. The application fee has to be paid before the deadline for the submission of your appeal. If you are accepted to reduce your fee once you have paid the full amount, you will subsequently receive a 50% refund.

Appeals can be requested with or without a formal hearing. You should inform the AAT if you consent to them completing a review without your attendance.

What Happens Once I Have Applied for An Appeal of My Visa Refusal in Australia? 

After you have submitted your application and paid your application fee, the AAT will write a confirmation of your appeal request and details of the next steps to you. If it is decided that the AAT does not have the jurisdiction to review your case, you will be informed the same in writing. You will also receive a hearing invitation, to which you must reply with a completed ‘Response to hearing invitation’ form as early as possible prior to your hearing date. It will not be accepted after seven days from receiving the hearing invitation. Thus it is important to reply quickly once you receive your invitation. If you cannot make it before the date for a genuine reason, then you can request an extension.

If you are unable to attend the hearing in person, the guidance of the AAT explains the following, “In general, if you are representing or assisting an applicant in an AAT review, you should attend the hearing in person at the AAT or at the location of the applicant. Where this is not possible, you may request permission to attend the hearing by telephone from a third location. The request must be made in writing as early as possible and at least two business days before the hearing, and you must inform us in writing of the direct telephone number on which we can contact you at the scheduled hearing time”.

At the AAT hearing, the following to happen:

• the Member or AAT staff member will explain what will happen during the hearing
• you will be asked to take an oath or make an affirmation to tell the truth at the hearing
• if you have an interpreter or witness, they will be asked to take an oath or make an affirmation
• you will have an opportunity to explain why you disagree with the decision under review and the Member will ask you questions.

At the end of the AAT hearing, you may receive an oral decision on if it is possible or not. You will also receive a decision in writing.

Conclusion

If you are planning on bringing an appeal, it is necessary that you get in touch with the services of an immigration lawyer who can advise and represent you throughout the process. This ensures that you have the best possibilities of securing a positive decision and lessens your stress.

For more information, You can contact us at info@gkworks.in or call 9643362320 to Schedule an appointment or Contact your nearest branch now https://www.gkworks.in/branch-offices/

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