If your Australian visa application is refused or canceled, you may have the option to appeal the decision. The appeals process allows applicants to challenge unfavorable visa outcomes through different legal pathways, depending on the type of visa and the reason for refusal.
The most common appeal method is through the Administrative Appeals Tribunal (AAT), which reviews decisions made by the Department of Home Affairs. Applicants typically have 21 days (onshore) or 28 days (offshore) to lodge an appeal, supported by additional evidence to strengthen their case. The AAT process can take 6 to 24 months.
For cases with strong humanitarian or compassionate grounds, Ministerial Intervention may be requested, though approval is rare. If the refusal involves legal errors, a Federal Court judicial review can be pursued, but this requires legal representation and focuses only on procedural fairness, not the visa’s merits.
Common reasons for refusal include Genuine Temporary Entrant (GTE) concerns, insufficient financial proof, health/character issues, or incorrect documentation. A successful appeal often depends on addressing these reasons with stronger evidence or corrected information.
Applicants should carefully review their refusal letter, decide whether to appeal or reapply, and act quickly due to strict deadlines. Professional migration advice can significantly improve the chances of a successful appeal.
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