A visa application or a nomination application may be refused by the delegate of the Minister of the Department Home Affairs in Australia. What if when this occurs?
The Administrative Appeals Tribunal (AAT) is a statutory body with the power to review a decision made under the Migration Act 1958 by the Minister, or by case officers who are delegates of the Minister in the Department of Home Affairs. The Migration and Refugee Branch under the AAT is set to review certain decisions made under the Migration Act 1958.
What can be reviewed?
- Visa refusals of different types
- Visa cancellation of different types
- A nomination refusal of an occupation, activity or position
- To bar, refuse to approve or cancel the approval of a sponsor
- Character-related visa decisions
The AAT, once you lodge an appeal or review, will consider the case afresh and have the power to change the decision made before by the delegate or case officer. The review will be made independently without the interference of the Department of Home Affairs.
Who can apply for review?
Normally the decision letter from the Department of Home Affairs should explain whether the decision can be reviewable or not by the AAT.
The following people can apply for review if their visa or nomination application is refused.
- Visa applicant or former visa holder
- A sponsor whose nomination of a position, or occupation was refused
- A sponsor whose sponsorship is barred or withdrawn by the Department
- Close relatives of family members of the visa applicants or former visa holder
How much it costs to lodge an appeal?
Applicant must pay an application fee in order for the application to become valid. The current application fees is AU$3,000 (As from 1 July 2021). This application fee must be paid at the time of lodging the application.
Under certain circumstances, such as severe financial hardship applicant needs to apply for a reduced fee of 50% by filling out the relevant form M11.
What if the AAT appeal is unsuccessful?
Sometimes an AAT appeal may fail to succeed and the Tribunal may affirm the delegate’s decision to continue to refuse a visa or nomination. In case this happens, applicants may choose to look for other visa options or alternatively may seek another appeal to the Federal High Court. However you must be aware that unless there is an obvious administrative error in the AAT’s decision, the chances of Federal High Court are very slim.
Refund of the application fee
The AAT will refund the application fee in the following two situations.
- The application fee paid if AAT decides the application is invalid
- If the review is decided in favour of applicant, 50% of the paid application fee
We can help!
Migration appeal and review can be a long process and is time & attention consuming. With our professional expertise and vast experience, you can count on us for another chance of win. If you had an appeal or review lodged before either by yourself or by another agent, you can transfer your case to us to follow up.