What can I do if my visa application has been refused?

• If you have received a letter of refusal from the Department of Immigration you must immediately check the timeframe they have given you for appeal:
  • this timeframe can be as short as 2 to 3 days; and
  • after this timeframe expires you will no longer have a right to appeal the department’s decision.
• The next thing to check is the reason for refusal:
  • often these refusals are made because of issues that can be easily addressed such as:
    • insufficient evidence;
    • the case for the application was not explained properly; or
    • the claims made in the application were not believed;
  • there could also be a number of factual issues such as health or character requirements that were not satisfactory:
    • an appeal contesting a decision based on these factual issues would normally be quite difficult to process. You will need skilled legal assistance.
• You can appeal decisions made by the Department of Immigration at various tribunals which may reconsider the merits of your application. The relevant tribunals are:
  • Merits Review Tribunal – you can appeal to this Tribunal if the Department of Immigration has refused your visa application or has cancelled your visa;
  • Administrative Appeals Tribunal – you can appeal to this Tribunal if the Department of Immigration has refused your visa application based on their assessment of your character; and
  • Refugee Review Tribunal – this Tribunal only hears cases concerning Refugee visas.
• You can also make an appeal to the Federal Magistrates Court, the Federal Court or the High Court of Australia:
  • cases which come before the court often involve complex legal issues;
  • a successful outcome allows the applicant’s case to be reconsidered by the Department of Immigration; and
  • due to the complexity of such issues it is strongly advisable to seek the assistance of an experienced immigration and migration lawyer if you are thinking about this step.
• If you have received an adverse decision from a tribunal you have the option to seek Ministerial intervention:
  • this may be appropriate if your claim is unique or based on exceptional circumstances;
  • a submission to the minister can only be made once so it is important to get the request made properly; and
  • a lawyer may be able to help you prepare your submission.
• Our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.