If a Visa is refused or cancelled, in most circumstances applicants are able to lodge an appeal to the Department of Home Affairs (DHA) decision.
As of 1st July 2015, the Administrative Appeals Tribunal (AAT) is the single body responsible for hearing migration appeals.
Lodging a Visa Appeal
The Visa Cancellation or Refusal notice will indicate if the decision made is reviewable, and the time frame in which an appeal needs to be made with the AAT (typically 28 days from the original decision date).
The AAT will then review the decision based on paperwork provided, or via a hearing date in person, depending on the individual nature of the case and application. They have the authority to reconsider the case within the same legislative framework as DHA as well as the ability to substitute a new decision, vary the decision, resubmit the matter to DHA again or confirm the original DHA agreement.
Alternative Options to a Visa Appeal
In some cases, it may be more ideal to lodge a further application, rather than making a formal appeal. So it’s important to seek the right advice on how to proceed in a timely manner after receiving a visa cancellation or refusal notice.
How Point Migration Agency can help
Our migration agents can discuss with you the merits of your proposed appeal, or other potential outcomes. In some cases a the chance of a successful outcome may be extremely low, so we recommend seeking professional migration advice so individuals can properly consider their options and make an informed decision.
If you wish to lodge an appeal, our agents can then help guide you through this process, prepare submissions for your application and manage the appeal process for you, including representation at any associated hearings.
Please contact us today if you wish to seek advice on this matter.
Which visa is right for you?
Contact us at the Point Migration Agency team office or submit a query online