Appeals and Reviews
If your visa application is refused or canceled, you may have the right to appeal or request a review through the Administrative Appeals Tribunal (AAT). The AAT provides an independent review of visa decisions made by the Department of Home Affairs, offering applicants a chance to present new evidence and arguments to support their case.
Key Aspects of Appeals and Reviews
- Available for most visa refusals and cancellations
- Handled by the Administrative Appeals Tribunal (AAT)
- Allows submission of new evidence and personal statements
- Legal assistance may be sought for complex cases
- Strict time limits apply for lodging an appeal
Eligibility for Review
- Applicants must be notified of their right to appeal
- The appeal must be lodged within the specified time frame
- The applicant must be in Australia for certain visa types
- Some visa refusals do not qualify for review (e.g., certain offshore applications)
How do I know if I can appeal a visa refusal?
Your visa refusal letter will mention whether you have the right to appeal and the time frame for submitting a review request.
How long does the appeals process take?
Processing times vary, but reviews at the AAT can take several months to years, depending on case complexity.
What happens if my appeal is successful?
If the AAT overturns the refusal, your visa application will be reconsidered, and you may be granted the visa.
What if my appeal is unsuccessful?
Depending on the circumstances, you may have the option to escalate the case to Ministerial Intervention or Federal Court review.
Can I stay in Australia while my appeal is being processed?
Yes, in most cases, you may be eligible for a bridging visa that allows you to remain in Australia until a decision is made.
Seeking professional legal advice can improve your chances of a successful appeal.
Seeking professional legal advice can improve your chances of a successful appeal.
Service Options
1
2
5
3
4
6