Visa Refusal/Cancellation
Administrative Appeals Tribunal (“AAT”) is an independent merits review tribunal that reviews the Department of Home Affairs’ decisions within its jurisdiction. The AAT, in its merits review process, will reconsider the facts, law, and policy aspects of the original decision. AAT also has powers to review new information unavailable to the original decision-maker.
If you have received a visa refusal, you can either:
Lodge Another Visa Application
If your offshore visa was refused, you might not (further assessment is required to confirm this) have any AAT review rights. In this case, you may need to lodge another application with additional supporting evidence with legal submissions addressing the refusal.
Appeal your application to the Administrative Appeals Tribunal
If your visa refusal/cancellation falls within the jurisdiction of AAT, the tribunal is within its power to review this decision. The AAT has a range of powers to review decisions made under the Migration Act 1958 to:
- refuse or cancel different types of visas;
- refuse or cancel visa sponsorship and nomination;
- and many more.
Eligibility
To be eligible for the appeal process, you must:
- Be currently in Australia;
- Have recently had a decision from the Department of Home Affairs;
- 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
- relating to requiring a security
- Have received the refusal letter in less than 28 days.