Visa Refusal Review
Visa Refusal Review
Visa applications are frequently refused, which can cause distress and financial loss. The visa process is complex, with constantly changing laws and policies. Many applicants face issues due to lack of understanding of visa rules, insufficient evidence, or minor errors in their application. The Department of Home Affairs may also make mistakes, leaving decisions open to legal challenge through the review system.
Visa Subclass
Section 48 Bar – Are You Affected?
If your visa application is refused or cancelled while in Australia, you may be subject to the Section 48 bar, which prevents you from applying for certain visas from within Australia. If you are subject to this bar, you cannot apply for:
However, Partner, Medical Treatment, Special Category Bridging, and Child (Residence) visas are exempt. If you leave Australia, you can apply for other visa types from outside the country.
Re-Entry Bans – Are You Affected?
A re-entry ban (exclusion period) prevents individuals from returning to Australia for up to three years. Re-entry bans may apply if:
These bans do not apply to all visas and may not affect permanent visas. Seek legal advice if you believe you may be subject to a re-entry ban.
Notice of Intention to Refuse a Visa Application
Before refusing a visa, the Department of Home Affairs may be required to:
- Issue a notice stating the intention to refuse your visa.
- Give you the opportunity to respond in writing.
If you receive a notice of intention to refuse, it is critical to seek professional help to prepare a strong submission in response.
Administrative Appeals Tribunal (AAT)
The Administrative Appeals Tribunal (AAT) reviews visa refusals and cancellations by the Department of Home Affairs. An AAT review provides an independent second look at your case.
AAT Review Eligibility
Not all decisions are reviewable by the AAT. For example:
Federal Circuit Court – Appealing AAT Decisions
If the AAT makes an incorrect decision, an appeal can be made to the Federal Circuit Court. However, not all AAT decisions can be challenged in court.
Grounds for Federal Court Appeal
The Federal Circuit Court can only review cases where the AAT has made a jurisdictional error, such as:
- Failing to correctly identify the legal issues.
- Misinterpreting immigration law.
- Ignoring relevant information.
- Relying on irrelevant material.
How We Can Help
At AK Migration & Visa Services, we assist applicants with:
- Assessing eligibility for visa reviews and appeals.
- Preparing detailed submissions for AAT reviews.
- Challenging incorrect visa decisions in the Federal Circuit Court.
- Advising on options to overcome Section 48 bars and re-entry bans.
Contact us today to explore your visa review and appeal options!
Disclaimer: This content is for general information purposes only and does not constitute immigration advice. Due to frequent changes in migration law, the accuracy of this information cannot be guaranteed. For the latest updates, please refer to the official Australian Government website.