VisaAppealServices
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
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
Frequently Asked Questions
Can I appeal any visa refusal?
Not all refusals are appealable. Check your refusal notice for eligibility. Generally, visitor visas are only appealable if you have an onshore sponsor, while most other visa types have appeal rights.
What is the appeal timeframe?
Typically 21-28 days from the date of the decision. Check your decision letter for the exact deadline. Missing this deadline usually means losing your appeal rights permanently.
What is the cost of lodging an appeal?
The standard fee is $3,496, with possible 50% reductions for demonstrated financial hardship. You'll receive a 50% refund if successful or full refund if invalid.
Can I submit new evidence?
Yes, new evidence can be provided during the appeal. You don't need all evidence at lodgment time - additional documentation can be submitted later.
How long does the appeal process take?
It varies significantly. Some cases take weeks, others months or more. The complexity of your case and visa type are major factors.
What if my appeal is unsuccessful?
You can reapply addressing the issues, seek Federal Court review for legal errors, request Ministerial intervention, or consider alternative visa options.
Do I need a lawyer for the appeal?
Not mandatory but strongly recommended. A registered migration agent or lawyer can provide valuable guidance, represent you at hearings, and significantly strengthen your case.
Can I work while my appeal is pending?
This depends on your bridging visa conditions. Some bridging visas allow work rights, others don't. Check your bridging visa grant letter for conditions.
What documents do I need for an appeal?
Your refusal letter, all previous application documents, any new supporting evidence, and written submissions addressing each refusal reason.
Can I appeal from outside Australia?
Only certain visa decisions can be appealed from offshore. Check your refusal letter - it will specify if you have review rights while offshore.
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.