Book Now
Book Now

Visa Refusals: Importance of Acting Quickly and Obtaining Assistance


The Decision – Visa Refusal

Once you receive a decision letter from the Department of Home Affairs (‘Department’) it is crucial to carefully review this letter. If your application has been granted, congratulations! You should carefully review this letter, as it will contain important information surrounding any conditions associated with your visa. However, if you have received an unfavourable decision, then you need to consider what your next steps may be.

Time Limits – After Visa Refusal

One very important piece of information in the decision letter will be whether you have an option to have the decision reviewed. This is usually available where the applicant, or someone involved in the application (i.e., the Sponsor), is onshore in Australia. The decision letter will also have important information regarding the amount of time you have to lodge an application to review the decision. Most commonly, an application to have the decision reviewed must be made within 28 days from receiving the decision letter. However, the decision letter from the Department will confirm this.

Due to the strict time frame for an application to be made to review a decision, it is extremely important to act quickly and in an informed manner. An application for review can be made to the Administrative Appeals Tribunal (‘AAT’), however it is important to note that the AAT does not have the power to extend this time limit.

AAT powers

The AAT will review the application and consider their view on the decision made by the Department based on the evidence in front of them. The AAT then has the power to do the following:

  • uphold a decision;
  • alter a decision;
  • set aside and replace it with a new decision; or
  • remit the decision and send it back to the decision maker for re-examination.

When an application is made to the AAT to review a decision, this allows the opportunity to provide an explanation as to any aspect of an application that may be of concern to the initial decision maker and further information or evidence to support your position. To adequately address this and make the most of the opportunity, it is important to understand the requirements, the particular basis for the refusal and evidence that can assist in being successful.

If you are not seeking review

If your visa application has been refused and you do not wish to apply for this decision to be reviewed, then you need to consider whether you can lawfully remain in Australia, or whether you will be required to leave Australia. If you were in Australia on a Bridging Visa whilst awaiting a decision, and you decide not to pursue a review of the decision, the associated Bridging Visa will in most cases lapse after a certain period following the decision in most cases.

How can we assist with Visa Refusal

If you wish to apply for a review of a refusal decision, it is imperative that you utilise that opportunity to put forward the strongest case for review. Our team at All Access Migration has extensive experience with applications for review with the AAT, and can assist you where required.

We utilise the information and evidence provided with your application, in addition to discussing your current circumstances and assessing additional points of note and further evidence you may provide in order to place you in the most beneficial position.

Due to the time restrains noted above, we would highly recommend seeking advice in relation to the best option and next steps for you as a priority, in order to allow yourself or our office enough time to prepare an application to review the decision or prepare and submit an alternative visa application.

If you would like to discuss your current circumstances with one of our team members, please do not hesitate to call us on 1300 245 756. Alternatively, to submit an online enquiry with our office please click here.

Brisbane Office

1300 245 756

50 McDougall Street,
Milton, Brisbane, QLD, 4064

Gold Coast Office

1300 245 756

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

Sydney Office

1300 245 756

Level 3,
1 Castlereagh Street,
Sydney, NSW, 2000


Latest Articles and Updates

Student Visa

Changes Outlined in New Migration Strategy Target Australia's Student and Graduate Visa Program

In December 2023, the Australian Government released their Migration Strategy. In particular, the Government has outlined their intention to make significant changes to the Student and Graduate Visa programs, focusing on “strengthening the integrity and quality of international education”. To ensure you protect your migration position, contact our experienced team to guide you through these changes.

Temporary Skill Shortage Visas

Navigating The Australian Work Landscape: Temporary Skill Shortage Visas Explained

Unlock the potential of Australia's job market with the Temporary Skill Shortage Visa - Subclass 482. Introduced in 2018, the TSS visa bridges Australia's skill gap, providing a pathway for skilled professionals to realise their career aspirations. It addresses short- and medium-term needs with three distinct streams catering to varying employment durations. However, the journey requires navigating specific requirements, from employer sponsorships to applicant criteria. Fortunately, All Access Migration team offers expert guidance. Whether you're an employer or a potential employee, delve into the intricacies of this visa with us and turn your Australian work dreams into reality.

Regional Visa

Navigating The Path To Regional Visas: Your Gateway To A Life In Regional Australia

Explore the world of regional visas, including the Skilled Work Regional (Provisional) Visa (Subclass 491) and Skilled Employer Sponsored Regional (Provisional) Visa (Subclass 494). Discover a life rich with opportunities in the heart of regional Australia! Whether you're drawn to its serene landscapes or thriving communities, there's a path tailored for you. With distinct visa options offering a chance to live, work, and study amidst Australia's hidden gems, with an employer, or state to sponsor you, the dream is closer than you think. Under the expert guidance of All Access Migration, the visa options become clear and achievable.


Designated Area Migration Agreement (DAMA): Paving The Way For Skilled Workers And Australian Businesses

Designated Area Migration Agreements (DAMAs) significantly evolved Australia's skilled migration framework, offering a dynamic two-tiered system tailored to regional needs. Diverging from traditional migration pathways, DAMAs permit regions to source a broader range of overseas talent. A foundational five-year "head agreement" with regional representatives is at the helm. This paves the way for tier two: individual labour agreements with employers, aligning with the head agreement's stipulations. While 12 DAMAs currently operate, each mirrors its region's unique necessities. While the process might seem intricate, advisors like All Access Migration ensure a streamlined experience for businesses eager to tap into this option.

Healthcare Worker

Queensland Government's Workforce Attraction Scheme Recognises Interstate and International Healthcare Heroes

Discover Queensland Government's groundbreaking initiative revolutionising healthcare by attracting skilled workforce. Addressing critical shortages, the government offers appealing incentives to healthcare workers across Australia and abroad. Count on All Access Migration for seamless support during relocation and immigration process. Enjoy benefits of up to $20,000 for joining Queensland Health and up to $70,000 for rural doctors. These incentives transform healthcare, ensuring top-notch services for all Queensland residents.


Update: The Australian Government Announces Temporary Skilled Migration Income Threshold Increase

As a result of an independent review, the Australian government has decided to raise the Temporary Skilled Migration Income Threshold (TSMIT) from $53,900 to $70,000 effective from 1 July 2023. This alteration will impact companies that sponsor foreign workers under skilled migration programs, as they must comply with the minimum salary requirement to guarantee that migrant workers receive equitable pay. The government's choice reflects their dedication to fairness within the skilled migration system.

New Zealanders

Direct Pathway to Australian Citizenship for New Zealanders

The Australian Government has introduced a direct pathway to Australian citizenship for eligible New Zealand citizens living in Australia, which marks a significant change in the migration policy between the two nations. This move is expected to make access to Australian citizenship much more manageable for New Zealanders living in Australia, and it is set to take effect from 1 July 2023. The article emphasises the significance of this policy shift and its impact on the lives of New Zealanders living in Australia.

TPD Claim

Overhaul Needed For Skilled Migration System To Address Labour Shortages

Australia’s skilled migration system is facing a significant challenge for addressing the country's skill shortage and labour crisis. However, the mandatory job advertisement requirement for employers recruiting skilled migrants has hindered the system's success, as recently pointed out by a review conducted by Martin Parkinson, Joanna Howe, and John Azarias. Removing this requirement could significantly improve the system's efficiency and effectiveness. Furthermore, the visa system's outdated policies have led to the exploitation of temporary migrants by unscrupulous employers, creating a vulnerable group that needs protection.