Appeals and Reviews

Refusals and Cancellations

Sometimes the department will issue a notice to the applicant advising the reasons why they are considering refusing or cancelling the visa and give the applicant a chance to respond.

If you have received such a notice, it is important to seek professional help. This is likely your last chance to get things right, before you are faced with a refusal or cancellation.

The notice you have receive will have the timeframes of when you should respond to the department. While the department is required to consider any information received after the specified date, they are able to make a decision at any time once the timeframe to respond has lapsed.  

If your visa or nomination is refused or cancelled 

If you recently received a negative decision on your Australian nomination or visa application, you may be left disappointed and uncertain about your future plans. We are here to guide you through the complex AAT process.

Visa refusals can be made for a number of reasons; it may be that you are not eligible for the visa you have applied for, or in some cases, it may be that the case officer who made the decision has made a mistake or has not taken into account information which you have provided.

You may be able to have your decision formally reviewed by the Administrative Appeals Tribunal (AAT). The role of the Administrative Appeals Tribunal (AAT) is to review decisions made by the Department and are able to consider a wide range of visa-related decisions, including refusals and cancellations. AAT decisions are based on the merits of each particular case where the applicant can present new evidence for consideration.

Your refusal or cancellation letter will outline your options for appealing the decision, including the timeframe you have to do it in. The AAT are unable to accept appeal requests outside of the mentioned timeframe, so it is critical that you seek advice from a professional.

The AAT has the power to take the following actions:

• affirm (not change) the Departments decision
• vary the decision
• set aside the decision, and substitute it with a new decision
• return the matter to the «ImmigrationDepartmentShortName» for reconsideration with specific directions.

The fee to lodge an appeal with the AAT is AUD$1,826. This fee may be reduced by 50% if you can evidence severe financial hardship. The application fee has to be paid before the deadline for the submission of your appeal. If a decision is made to reduce your fee once the full amount has been paid, the 50% will be refunded to you. You will also be entitled to a 50% refund if a decision is made in your favor.