Administrative Appeals for Visa Refusals and Cancellations: What You Need to Know

Zhanna Heenan

Visa News

There is always a potential that your visa application will be denied, regardless of the type of visa you seek in Australia.

You have up to 28 days from the date of the visa refusal to submit a request for an administrative appeal. Whether you are given review rights or not will depend on your circumstances and the type of visa you applied for.

Administrative appeals for visa denials and cancellations can be difficult to navigate, so here is some information to help you along the way. It is always a good idea to enlist the help of migration agents in Australia to ensure your administrative appeal is successful.

Administrative appeals: What are they?

An applicant can appeal a decision issued by a government agency or department through an administrative appeal. To contest a Department of Home Affairs decision regarding the issuance or denial of a visa, or the termination of an existing visa, an applicant may file an administrative appeal.

In most cases, you can appeal the decision of the Department of Home Affairs to have it overturned after it has already rejected your application for a visa. You can take your case to one of the special tribunals the Australian government has set up so that your visa application can be evaluated. One such agency is the Administrative Appeals Tribunal (AAT), which was established for the express purpose of hearing appeals against Department decisions.

Members of the AAT are selected at random from a pool of applicants. The AAT has the authority to conduct merits-based reviews of Department of Home Affairs judgments.

Who May File an Administrative Appeal and Why?

Anyone with review rights whose visa application was denied or cancelled in Australia may file an administrative appeal. There are, however, conditions that must be completed before an appeal can be considered.

Due to the complexity and length of the appeals process, it is strongly advised that you retain the services of migration agents in Australia to help you achieve the best possible result.

Visa Refusal Reasons

Some possible grounds for visa refusals are as follows:

How Does One File an Administrative Appeal?

If your Australian visa application is rejected, you can file an appeal by following these procedures:

Fill out an application with the Administrative Appeals Tribunal (AAT)

If the visa request is denied, you have 28 days to file an appeal with the AAT. You have the option of submitting an application either online or on paper. A sponsor or nominator can also apply on your behalf. There is a strict deadline of 7 days to file an appeal if you are in immigration detention.

Pay the Fee

The Appeal Fee is approximately AUD1,826 and must be paid before your appeal can be reviewed. This fee must be paid before your request for an appeal may be processed. It’s possible to get a 50% discount on the price if paying the full amount would put an undue strain on your finances.

It’s crucial to remember that the time you have to file an appeal can change depending on the type of visa you applied for and the reason it was denied. The Immigration Office will provide a written decision on your visa application, and that notice will include details on the appeals process and deadline.

It is the policy of the AAT to return your fee in the event of a negative judgement regarding your appeal. If the decision goes in your favour, you’ll get half of your original or reduced chargeback.

How Heenan & Browne Can Help

There is the possibility of filing an administrative appeal to overturn a visa denial or cancellation. However, the appeals process can be complicated and time-consuming, so it is strongly advised that you work with migration agents in Australia to improve your chances of success.

At Heenan & Browne, our skilled migration agents in Cairns can offer professional support with administrative appeals for visa denials and cancellations. With our extensive knowledge of Australian immigration law and procedures, we can offer personalised guidance and help to each of our customers.

We’re also dedicated to being there for our clients every step of the way while they pursue administrative appeals.

Get in touch with us right away to find out how we can assist you with your visa appeal!


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