Australian Visa Refusal & Review
Read our general information in relation to appeals to the Tribunal below. Contact us directly for specific advice.
Visa refusal appeals (Administrative Review Tribunal)
The Administrative Review Tribunal (Tribunal), formerly the Administrative Appeals Tribunal, can conduct “merits review” of certain decisions by the Department of Home Affairs to refuse to grant a visa application. The Tribunal is an independent body from the Department of Home Affairs, who will consider visa applications afresh. They are not bound by the decision made by the Department, and will consider each case on their own merits. Most visa refusals are appealed to the Tribunal. This may be a suitable avenue for those who disagree with a visa refusal decision.
Visa refusal considerations
- When a person has had a visa application refused, there are certain things they may need to consider.
- Depending on their circumstances this includes their immigration status (and ability to stay in Australia), their ability to apply for other Australian visas, and whether they can appeal the visa refusal to the Administrative Review Tribunal.
- We have an article with further details about this here.
Tribunal powers
- The Tribunal has the power to affirm the decision – meaning the Tribunal confirm the decision to refuse the visa.
- The Tribunal has the power to vary the decision – meaning the Tribunal can change the Department’s decision (whether or not it reaches the same conclusion).
- The Tribunal has the power to remit the matter for reconsideration with certain directions/recommendations – meaning the Tribunal send the decision back to the Department with certain instructions that must be followed.
- The Tribunal has the power to set the decision aside and substitute a new decision – as the name implies, the Tribunal change the Department’s decision with one that it finds appropriate.
Administrative Review Tribunal
- The Administrative Review Tribunal is an independent body that provide merits review of a wide range of decisions made by the Australian Government.
- This also includes decisions to refuse to grant visas (including Protection visas), as well as decisions to refuse nominations or sponsorships.
Review applications
- When an applicant receives a visa refusal, they may disagree with the decision for a number of reasons – this could include that the decision-maker didn’t consider their circumstances or evidence properly, applied the law incorrectly, or gave more or less weight to certain considerations.
- In addition to disagreeing with the visa refusal decision, a visa refusal can have other consequences for an applicant including having to leave Australia within certain days, having a visa refusal on their record, and potentially excluding them from applying for further visas to Australia.
- Please see our “Process” tab for information including: how to appeal the visa refusal, the processing times, and what to expect during the appeals process.
Process
Visa refusal appeals (Administrative Review Tribunal)
The appeals process can cause visa applicants a lot of uncertainty, particularly around the process and what to expect. The section on the right has information about this process to provide greater clarity.
Making an application
An application for appeal of a visa refusal to the Administrative Review Tribunal can be made to the Tribunal directly.
Ordinarily the best way to apply for this is online via the Tribunal’s website here. There are also paper forms that you can complete. We have more information about this in an article on our website here.
After making an application
After your appeal application is made with the Tribunal, what happens next depends on the circumstances of your case.
The Tribunal may either seek further information from you, invite you to comment on any information, or invite you to a hearing to provide further evidence/arguments about your matter.
Generally after your application is made, the next major step is waiting to be invited to attend a hearing – you may wish to prepare documents/information in support of your claims to provide the Tribunal before your hearing.
We have an article on our website here, which addresses this question and has some tips to make the most of your appeal.
Process
At application stage, you are able to provide more documentary evidence in support of your matter, and provide additional information and context about why you disagree with the visa decision, and/or why the visa should be granted to you. This can be done via a “pre-hearing submission”, by giving evidence at the hearing itself, and also via a “post-hearing submission”.
A review application for a visa refusal will be considered by a Tribunal Member. They are similar to a judge in a court, but less formal. A Tribunal Member will consider all the information that was before the Department, request further information/documents from you (either beforehand or at the hearing), and make a decision on your matter (within their powers).
If the Tribunal invites you to a hearing, you will be asked questions about your matter to assist the Tribunal Member with coming to their conclusion.
We have an article on our website about what to expect at your Tribunal hearing here.
The time taken from when an application for review is made, to when a decision from the Tribunal is received varies quite significantly. Unfortunately a lot of appeals are currently taking several months (even years) to process.
Timeframes and costs
Visa refusal appeals (Administrative Review Tribunal)
There are very strict timeframes as to when you may apply to the Tribunal to appeal a visa refusal decision. There are also certain costs that you must pay to the Tribunal to appeal a visa refusal decision.
Timeframe
This will depend on the specific matter. Most refusal decisions must be appealed within either 21 or 28 days after the notification of the decision.
However, this does vary depending on the type of refusal decision, and we recommend you get legal advice.
Cost
You will need to pay an application fee to lodge an application for review of most migration decisions. Currently this is $3,496.
You may be eligible for a fee reduction of 50% ($1,748 if the Tribunal decides that paying the fee would cause you severe financial hardship.
If the review is decided in your favour, you will be refunded 50% of the total amount you paid (i.e. 50% of the full fee, or 50% of the reduced fee). If you withdraw your application for review, a refund of the fee is only paid in very limited circumstances.
Appeals (Administrative Appeals Tribunal)
Frequently Asked Questions
Can I appeal a visa refusal decision?
Generally speaking, most refusal decisions for visa applications made onshore can be appealed to the Administrative Review Tribunal. Certain visa applications made offshore can be appealed too. However, there are a lot of nuances around this.
Who can make the appeal to the Administrative Review Tribunal?
Typically it is the visa applicant (subject to the refusal decision) that makes the application for review of the visa refusal decision. However, in some instances, the review application can only be made by the relevant sponsor/nominator, the Australian relative etc.
Where can I be when I make the appeal to the Administrative Review Tribunal?
This is also a situation-specific circumstances. Most review applications must be made by a person who is physically present in Australia when the review application is made – though this can vary.
How long do I have to make an appeal to the Administrative Review Tribunal?
Most refusal decisions must be appealed within 21 or 28 days after notification of the decision – but this does vary significantly. Please see the section “How long do I have to make an appeal” under the ‘Timeframe and Costs” tab.
How much does an Administrative Review Tribunal application cost?
Currently the Tribunal application fee is $3,496. Please see the section “How much does it cost?” under the ‘Timeframe and Costs” tab for further information.
How long does the appeals process take?
Unfortunately a lot of appeals are currently taking several months (even years) to process.
Disclaimer
The information contained here is offered for informational purposes only and does not constitute legal advice or give rise to an attorney-client relationship between you and our firm. The information: (i) must be regarded as a practical guide for general information and not a process guide for determining the specific immigration requirements of the countries covered, (ii) should not be a substitute for a more indepth analysis of applicable facts and circumstances conducted by competent professionals, and (iii) does not represent an opinion from Hannan Tew or any of its agents with regard to the laws of any of the jurisdictions concerned. The information does not guarantee the outcome or approval of any particular immigration application.
What can we do for you?
As a full service law firm, our experienced team can provide guidance on applications at the Administrative Review Tribunal (Tribunal), the Federal Circuit and Family Court of Australia (FCFCA).
