Visa Appeal Services
Expert assistance with visa refusals and administrative appeals for Australian visas
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.
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
Federal Court judicial review
Ministerial intervention requests
Professional migration law expertise
50% fee refund if appeal successful
Strict 21-28 day timeframes apply
Visa Categories
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).
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.
Ministerial 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.
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.
Partner Visa Appeals
Appeals for partner visa refusals focusing on genuine relationship evidence. Subclass 820/801 and 309/100 appeals addressing relationship genuineness concerns.
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.
Application Process
Submit the Appeal Promptly
Check your decision letter carefully to determine if your decision is reviewable and if you are eligible to lodge an appeal. It is highly recommended to submit your appeal as soon as possible to secure your rights.
Lodge Online & Pay Fees
Appeals should be lodged online for efficiency and to ensure confirmation of receipt. The standard fee is $3,496 (50% reduction may be available for financial hardship). Failure to pay the fee at submission will result in invalid appeal.
AAT Notification & Information Requests
The AAT will notify the Department of Home Affairs of your appeal. You may be asked to provide further documentation or attend a hearing. You do not need to submit all evidence at lodgment time.
Hearing Process
If a hearing is scheduled, you will have the opportunity to present your case, either in person or via video link. The AAT will review the decision, considering the reasons for refusal and your submissions.
Decision & Refunds
The AAT will make a decision on your appeal. If successful, you will receive a 50% refund of the application fee. If the AAT determines your application is invalid, the full fee will be refunded.
Requirements
Appeal Eligibility
- 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
Documentation Requirements
- 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
Appeal Processing Times
| Visa Type | Processing Time |
|---|---|
| AAT Review | 6-24 months |
| Federal Court | 6-12 months |
| Ministerial Intervention | No set timeframe |
Need Help with Your Visa Appeal?
Don't let a visa refusal end your Australian dreams. Our experienced team provides expert guidance and representation throughout the appeal process.