How to Appeal Against Visa Rejection or Refusal?

January 12, 2023    Immigrationlawyers
How to Appeal Against Visa Rejection or Refusal?

If your application for any type of visa to visit, stay or enter Australia has been rejected or refused, you might be able to appeal against the decision. There are multiple reasons why your process for a visa may get rejected, but no matter what, you can appeal against the visa rejection.

The Migration/ Refugee Division of the Administrative Appeals Tribunal usually deals with decisions regarding general visa decisions. They also make decisions about protection visas. In this blog, you will learn more about the ways to appeal against a visa rejection or refusal.

Applying For Reviewing Refusing or Cancelling Visa Decision Based on Character Grounds.

Suppose the Department of Home Affairs has either refused or cancelled a visa based on character grounds after a Notice of Intention to consider cancellation. In that case, you might appeal this decision to the tribunal.

Some examples of such character grounds are as follows:

  • Committing any offence while being in immigration detention
  • Having a criminal history

There are some strict time limits for appealing to the tribunal. If you live in Australia and your visa has been refused or rejected on character grounds, you will have nine days from the date of the decision to appeal. The tribunal will have no power to extend the specific time limit.

If your visa has been cancelled mandatorily, you will have no right to appeal to the tribunal. If you are presently serving a full-time sentence and have been sentenced to a year or more in imprisonment or committed a sexual offence against a child, your visa will be cancelled under Migration Act, 1958.

You will have 28 days from the cancellation date to request a revocation of the mandatory visa cancellation decision.

A decision that is made by the Department of Home Affairs not to revoke any mandatory visa cancellation decision can be reviewed. You must apply to tribunal within a period of 9 days from the notification of the decision. You can contact a reputed lawyer to learn more about this case.

Appealing Tribunal Decisions

To appeal against the visa rejection decision, you can choose to apply for reviewing the tribunal decision. While doing so, you can appeal to the Federal court of Australia. This is not the same as any other kind of appeal, as there are some specific things to consider.

You must show that the tribunal made a legal mistake in how it looked at your case. The appeal grounds are quite limited in these cases, and you will definitely need the help of an expert lawyer. You must opt for legal advice immediately before appealing to the Federal Court.

What Are the Appeal Costs for the Review of General Visa Application Decisions?

There are some costs for having your Australian visa decision reviewed by the tribunal. In most cases, you usually pay a fee of $3000 when you apply for a visa appeal. The application fees can easily be reduced by 50% if the tribunal:

  • Makes any decision in your favour.
  • Is satisfied that the payment of the entire fee has caused or will cause a lot of financial hardships.
  • If the tribunal detects top secrets for Australian visa application approval for review are invalid, you may be refunded the entire amount. But if you withdraw your visa appeal application, the tribunal will only refund the application fee in rare cases.

Do You Have Further Opportunities?

After your Australian visa has been rejected, there are opportunities available to you to lodge for the same or another visa based on your eligibility. Depending on the reason for rejecting your visa and your circumstances, the best lawyers can provide you with good advice regarding future prospects.

The immigration website and the document you sent along with the visa rejection will explain if you have another opportunity to apply for the same visa once again with more information.

You Are in Australia, And Your Visa Got Rejected. Do You Need to Leave the Country?

There are some circumstances where you may not have to leave the beautiful land of Australia. Twenty-one days after the visa application is rejected, you can appeal for a review of the visa decision. At times, when your visa gets refused, you can also apply for other Australian visas.

Contact Immigration Lawyer Perth WA

You can read the blog above if your visa application has been rejected and you wish to opt for a visa rejection appeal. You must contact Immigration Lawyer Perth WA to access the best lawyers who can provide you with information about the visa rejection reasons for Australia and the essential things to do to acquire the same visa later.

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