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Visa Refusals

Receiving a negative outcome of your visa application can cause a lot of stress and is a truly heartbreaking experience for many people. It is important to note that sometimes a visa refusal is not the final stop on your migration pathway and you still may have an avenue to achieve a positive outcome.

First, you need to understand the reason that the visa was refused. Some common reasons
for a visa application being refused could include:

  • There is insufficient evidence to prove that you meet the eligibility requirements
  • Submission of incomplete information
  • Providing false or misleading information
  • You do not meet Australia’s health or character requirements
  • Inconsistent and/or incorrect answers
  • Inconsistent evidence
  • Failing to correct incorrect answers
  • Evidence which is impossible to verify
  • No supporting documentation is provided
  • Sponsor or the applicant failed to meet the requirements
  • Failing to notify the Department of a change in your circumstances
New zealand citizens

Dependent upon the visa refusal reason for the decision (which will be outlined within a “decision record”) there may be opportunity to apply for a review of the initial decision by the Administrative Appeals Tribunal (‘AAT’). There are four potential outcomes of this process:

  • The AAT may ‘affirm’ the initial decision, which means the AAT agrees with the Department’s decision to refuse your visa and the decisions is not changed;
  • The AAT can decide to ‘set aside a decision’, which means they agree or partially agree that the original decision was wrong
  • If the AAT set aside a decision, they can also decide to ‘remit’ the decision, which means that the Department is required to reconsider the application. The Department must follow the directions made by AAT when making their decision.

If the AAT has made a decision to ‘affirm’ the decision (that is, they agree with the initial decision),
and the decision does not change, in certain circumstances the following may be considered:

  • Application to Federal Court: only strictly limited cases are eligible, and it is important to gain legal
    advice as to whether a legal error was made by AAT when making the decision; and/or
  • An application for Ministerial intervention: where, in limited circumstances, you may be eligible to request that the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs personally intervenes in your case.
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How We Can Help

Our team are well experienced in assisting clients once they have received a refusal decision.

Visa refusals can be complex and demand a significant amount of attention, accuracy and litigation knowledge.

We can also assist you with the preparation and representation at the AAT including, but not limited to:

If you need assistance with preparation of your application to Federal Court or an Application for Ministerial intervention, we could offer you the following:

Enquire about Visa Refusals

Brisbane Office

1300 245 756

50 McDougall Street,
Milton, Brisbane, QLD, 4064
Australia

Gold Coast Office

1300 245 756

Levels 5 & 9, Corporate Centre One,
2 Corporate Court,
Bundall, QLD, 4217
Australia

Sydney Office

1300 245 756

Level 6,
15 Castlereagh Street,
Sydney, NSW, 2000
Australia

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