Visa Application Refusal

If your visa application is refused, (under Part 5 of the Act and apart from non reviewable cases provide under the Act) you may apply for a decision review with the Administrative Appeals Tribunal under the Migration Act 1958 within the period of 28 days (if the applicant is in Australia) after the notification of the decision.(refer to section 347(1)(b)(i) of the Act).   

The application for review a reviewable decision must

  1.   be made in the approved form (attaching a copy of the decision and the notification letter from the Department of Home Affairs with the application form);
  2.   be given to the Tribunal within the prescribed period; and
  3.   be accompanied by the prescribed fee (at the time filing the application, currently $1,787).

 

The Tribunal in reviewing a Part 5- reviewable decision is not bound by technicalities, legal forms or rules of evidence; and shall act according to substantial justice and the merits of the case. (refer to section 353 of the Act).

The Tribunal has power under the Act to

  1.   affirm the decision or
  2.   vary the decision or
  3.   remit the matter to the Department for reconsideration or
  4.   set the decision aside and substitute a new decision or
  5.   exercise a power to dismiss or reinstate an application if the applicant fails to appear.

 

The above information are for reference only.  If you require assistance, you may complete the online consultation form or arrange a meeting with us to discuss your concern.