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.