Visa refusals occur when a visa application that has been submitted to the Department of Home Affairs (DHA or DOHA) is declined. The refusal can be made on the basis of a number of factors, including ineligibility, a lack of evidence or documentation, character issues, health issues, fraudulent documents and so on. In many cases, the decision on a visa refusal can be reviewed through the Administrative Appeals Tribunal (AAT).
Appeals – Administrative Appeals Tribunals (AAT)
Our team regularly manage appeals through the AAT, and understand the requirements that the AAT requires to be met in order for them to overturn a DHA delegate’s decision.
Federal Circuit Court Appeals
Visa refusals that have been declined on appeal by the AAT can be further appealed at the FCC.
Refusals, Cancellations – How We Can Help
If you have made a visa application that has been refused, or if you have had a visa cancelled, then you have options available. It is important that you act quickly because there is a limited window in which you can take action (depending on your circumstances, these are likely to be between 21 and 35 days from the date of the refusal or cancellation). Having a migration agent or a migration lawyer review the circumstances around the refusal or cancellation and advise you on your options and likely outcomes.
We can assist you with the following common situations:
- Student visa refusals
- Partner visa refusals
- Sponsorship refusals
- Nomination refusals
- 482 refusals
- AAT Refusals
- FCC Refusals
If your visa has been cancelled, due to a breach of conditions or any other reason, it doesn’t necessarily mean that you need to depart Australia. There are several strategies available, but again you will need to act quickly owing to limited timelines set by legislation.
Common cancellations include:
- Student cancellations
- Character based cancellations
- Investor visa cancellations
- RSMS cancellations
- 482 cancellations
Requests For More Information (RFI)
After an application has been submitted to the DHA, case officers can request additional material if they decide there is insufficient evidence, or the application is incomplete in some way. If an RFI is not responded to, the chance of a visa refusal is high. If you have been the subject of an RFI we can assist you in addressing the case officer’s concerns and providing the strongest evidence possible to the DHA.
If you would like to speak with our migration agents or lawyers about a refusal, cancellation or RFI, then just complete the form on this page, or call us on 1300 921 114 for a chat about your situation.
PocketLegal is a migration law firm managing all aspects of the Australian immigration process from beginning to end. If you need assistance with visa applications, sponsoring staff members, AAT Appeals, FCC hearings, or any other migration related issue contact our friendly team via the form on this page or by calling 1300 921 114.