- Your decision must be reviewable by the AAT
- Must be within appeal time limits (typically 28 days)
- If offshore, ensure the visa type is eligible for appeal
- Must pay required tribunal fee of $3,496 at lodgment
- Must be the visa applicant or authorized representative
- In some cases, applicant must be in Australia when appeal is lodged
Application Process
Understanding Visa Appeals
A visa refusal or cancellation can be a challenging and stressful experience. However, understanding your options and taking prompt action can significantly impact the outcome. The AAT reviews various decisions made by the Department of Home Affairs, but not all visa refusals or cancellations are eligible for appeal.
-
✓
Administrative Appeals Tribunal (AAT) representation
-
✓
Ministerial intervention requests
-
✓
50% fee refund if appeal successful
-
✓
Federal Court judicial review
-
✓
Strict 21-28 day timeframes apply
-
✓
Professional migration law expertise
Visa Categories
-
AAT
Administrative Appeals Tribunal (AAT)
Independent review of migration decisions for most visa types including skilled, family, and student visas. The AAT provides a thorough merits review of the original decision. Timeframe: Must lodge within 21-28 days. Application fee: $3,496 (50% reduction available for financial hardship). -
FCR
Federal Court Review
Judicial review of AAT decisions on points of law only, Available when there are legal errors in the decision-making process or procedural fairness Issues. Timeframe: 35 days from AAT decision. Court filing fees apply. -
MI
Ministeral Intervention
Request for Minister's discretionary intervention in exceptional circumstances where other appeal rights are not available or have been exhausted. Very limited success rate. No automatic review rights. -
CHA
Character & Health Appeals
Specialized appeals for refusals based on character requirements or health waivers, Complex cases requiring detailed submissions and evidence of rehabilitation or medical circumstances. -
PVA
Partner Visa Appeals
Appeals for partner visa refusals focusing on genuine relationship evidence. Subclass 820/801 and 309/100 appeals addressing relationship genuineness concerns. -
SVA
Student Visa Appeals
Appeals for student visa refusals including GTE requirement challenges. Subclass 500 and 485 appeals addressing genuine temporary entrant issues,
Key Benefits
-
✓
Professional Legal Representation
Expert migration lawyers and registered agents with extensive tribunal experience. -
✓
Second Chance for Approval
Opportunity to present additional evidence and address refusal reasons comprehensively. -
✓
Independent Review
Impartial assessment by an independent tribunal member or judge. -
✓
Stay Rights
Bridging visa arrangements may allow you to remain in Australia during appeal process. -
✓
Strategic Case Preparation
Professional analysis and preparation to maximize success chances. -
✓
Multiple Appeal Options
Various appeal pathways available depending on visa type and circumstances.
Requirements
Appeal Eligibility
- Original refusal letter and decision record
- All previous application documents
- Additional supporting evidence
- Written submissions addressing refusal reasons
- Expert reports or assessments if applicable
- Financial evidence of capacity to pay fees
Relationship Requirements
- 12+ months relationship duration (partners)
- Evidence of genuine commitment
- Living together or compelling reasons for separation
- Joint financial arrangements
- Social recognition of relationship