Visa Refusals, Cancellations and Appeals

Due to the increasing complexity of migration law and more critical assessment of visa applications by the Department of Home Affairs, it is possible you may find yourself in the unfortunate position of having a visa refused or cancelled.

In these circumstances it is very important to understand your rights and options available to you to appeal a decision made by the Department of Home Affairs. In many circumstances following a visa cancellation or refusal, you will have the ability to have the decision reviewed by the Administrative Appeals Tribunal (AAT).

Timing is critical here, as in most circumstances, the window to submit your appeal is not more than 21 days after the decision to cancel or refuse your visa is made. If you fail to make a valid application for review, you may be left with no option but to leave Australia and pursue future applications from offshore.

While an appeal of a decision to refuse or cancel may be available to you, depending on your current visa circumstances and history, it may not be the best option moving forward. In many circumstances, it may be possible to re-submit a further visa application under the same or different visa category.

With the reduction in the number of Members at the AAT available to hear your case, and increasing number of refusals and cancellations, processing times for reviews have blown out to over 12 months for many visa streams. The cost of an appeal to the AAT currently carries an application fee of $1,731 in addition to further fees for representation by a migration agent, to ensure you have the best prospects of success.

If you have recently had a visa refused or cancelled MAPS strongly recommends that you explore all options available to you as soon as possible following the refusal or cancellation.

To speak with a MAPS registered migration agent today about how we can assist you with your refusal or cancellation, please call us on 1300 899 734.

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