Australian visa application refused – Know your options


My Immigration Visa Has Been Refused
If you have applied to the Department of Immigration for a visa and they have rejected your application
or you are not satisfied with the visa decision, you may be able to ask for the decision to
be reviewed. Prior to 1 July 2015, the type of visa for
which you had applied determined which Tribunal would review your matter. Now, all visa appeal
applications are heard by the Migration and Refugee Division of the Administrative Appeals
Tribunal. Information regarding the review of visa decisions
can be found at www.border.gov.au or at www.mrt-rrt.gov.au. You
can also call our expert immigration lawyers
for advice on 1300 636 846. How do I make an application for review of
the visa refusal? To have a decision of the Department of Immigration
reviewed, you need to file an application for a merits review and pay the necessary
fees at the Migration and Refugee Division of the Administrative Appeals Tribunal. Your
application will then be given to a Member to review. Strict time limits apply in which
you may file your application for a merits review.
Once your application has been filed, the Tribunal will send you a letter acknowledging
receipt of your application, and will request information from the Department. They will
assess your application to make sure it is valid and will let you know if there are any
problems. The Tribunal may seek further information
from you, or ask you to comment on particular aspects of your application. You may be invited
to appear before a Member, or to speak with the Member by telephone, at which time you
can present statements and explain why the Member should overturn the Department’s
decision. The length of time it will take the Member
to review your application will depend on the type of visa that has been refused and
the complexity of your matter. The Migration Act 1958 outlines the decisions
that can be reviewed, who may apply for a decision, how the application is to be reviewed,
and the time limits that apply. What happens once my application has been
reviewed? Following review of your application, the
Tribunal will either: • affirm the decision, which means that
the Tribunal agrees with the decision made by the Department
• vary the decision, which means that the Tribunal agrees in part with the decision
of the Department • set aside the decision and substitute
a new decision, which means that the Tribunal has accepted your arguments and has decided
to change the decision made by the Department • remit the decision, which means your case
will be sent back to the Department for review with specific directions from the Tribunal,
or • decide that they have no jurisdiction
to review the Department’s decision. What do I do if I don’t agree with the Tribunal’s
decision? If the Tribunal affirms the Department’s
decision, you may be able to seek judicial review at the Federal Circuit Court. However,
the Court can only hear an appeal if it relates to an error of law. It does not have the power
to reconsider the facts or reasons relating to your visa application, or to grant you
with a visa. Alternatively, the Immigration Minister can
override the decision of the Tribunal with an outcome that is more favourable to the
applicant if it is in the public interest to do so. However, this will only occur in
very exceptional cases. How can I get copies of the documents used
to determine the visa decision? If you are considering appealing the visa
decision, you may want to get a copy of the documents used in making the determination,
which are held by the Department of Immigration. This can be done under the Freedom of Information
Act 1982 by completing Form 424a and lodging it with the Department of Immigration office
in your state. What to do next
If you or someone you know has had an application for a visa rejected, or you are not satisfied
with the decision of the Department of Immigration or the Administrative Review Tribunal, it
is important to obtain legal advice as soon as possible.
Go To Court Lawyers operate a Legal Hotline on 1300 636 846 where you can talk directly
to a lawyer from 7am to midnight, 7 days a week. Your call will be treated with the strictest
confidentiality and without judgement. The lawyer will assess your matter and recommend
a course of action. Should you need a Court lawyer, even at very
short notice, the Legal Hotline staff will be able to arrange one for you. You can also
request a call back via the website gotocourt.com.au and a lawyer will call you back to assess
your matter.

6 thoughts on “Australian visa application refused – Know your options

  1. The eta is a joke of the century. Why? because it took your money and refuse you from entering australia Unless u are a millionaire and famous person then they will attend you. no wonder many people were rejected to australia because of this money pit Eta my ass scam hope you go to rot in hell!

  2. I wanted to take my Thai wife to visit her grandaugter in Perth.Her Visa was refused because she had very little international travel and she didn't prove she was legally married to an Australian citizen.No one asked us to provide proof and our marriage and her lack of international travel was because she works long hours and international travel is a luxury for normal Thai citizens.Thanks for your help.Going to fight it. 👍👍

  3. Hey..i am from sri lanka..my visa got rejected yesterday and they have mentioned that i do not have any ties in sri lanka.can you help me to get it again..

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