Visa Refusals and Tribunal Appeals
Visa refusals can occur for a variety of reasons. In some cases, an applicant may simply not meet the relevant visa criteria, such as English language or qualification requirements. Other types of visa refusals, including those involving the provision of false documents or false information, can have more serious consequences.
Most visa applications refused while lodged within Australia can be appealed to the Administrative Review Tribunal (ART). Some applications lodged outside Australia may also be eligible for appeal to the Tribunal.
It is important that visa applicants understand the consequences of the specific type of visa refusal they have received, as well as the options available to them. These options may include re-applying, applying for a different type of visa, or lodging an appeal.
Administrative Review Tribunal
If you believe the Department of Home Affairs (DHA) has made an incorrect decision in refusing your visa application, you may apply to the ART to have the decision reviewed. The ART acts as an independent third party and reviews the application to make a new decision.
Another situation that commonly arises is visa refusal due to insufficient supporting documentation. The ART can consider all evidence received up until the time of its decision, meaning that visa applicants may provide missing or additional documentation during the appeal process.
For many visa applicants, lodging an appeal has the additional benefit of allowing them to remain in Australia while the appeal is being processed. Processing times depend on the visa type, but in many cases the appeal process can take several years to complete. Applicants may use this time to explore alternative visa options if necessary.
ART application process
Most ART appeal applications currently incur a fee of $3,580, of which 50% is refunded if the appeal is successful.
Applicants will be advised of the timeframe to lodge an appeal in the visa refusal notice issued by the DHA.
Appeal applications can be submitted through the ART’s website. Appropriate documentation should be included with the application at the time of submission.
Once an appeal application has been lodged, applicants who hold a Bridging Visa associated with their refused application will no longer have a Bridging Visa expiry date. Instead, the Bridging Visa will remain in effect for the duration of the appeal process. Work and study conditions during the appeal period will generally remain the same as they were prior to the appeal being lodged.
Consequences of visa refusal
A visa refusal does not prevent a future visa application from being approved, unless the refusal was based on one of the following grounds:
False documents were provided with the application
False information was provided with the application
In these circumstances, the visa applicant will generally be barred from lodging a new visa application (other than a protection visa) for three years from the date of refusal. If the DHA determines that false information or documents were provided in relation to identity, this bar extends to ten years.
One of the main challenges arising from a visa refusal is a restriction on lodging a new visa application from within Australia. This applies where a person:
Does not hold a substantive visa; and
Has received a visa refusal since last entering Australia.
To overcome this restriction, an applicant may be able to depart Australia on a Bridging Visa B, lodge their new visa application offshore, and then return to Australia to await the outcome.
If you have received a visa refusal and are unsure of your options, please contact us at a.long@longmigrationlaw.com.
