ADMINISTRATIVE APPEALS TRIBUNAL
ADMINISTRATIVE APPEALS TRIBUNAL
When a visa application is refused, you may be able to appeal the decision. The appeal is made to the Administrative Appeals Tribunal, commonly called the AAT.
If a visa application is made in Australia and then refused, you can usually appeal this decision. Generally, applicants have 21 days to bring an appeal. In certain circumstances you may be afforded more or less time to appeal a decision. It is important to act quickly after a refusal, as you do not want to miss the opportunity to appeal.
Rules apply regarding the time frame for an appeal and who must bring an appeal. For example, the timeframe may depend on whether you received your refusal by mail or whether you received it by e-mail. Rules governing who can make an application to appeal a relevant where the visa application is made outside of Australia.
Applicants must prove that their visa should be granted based on the relevant law. The Administrative Appeals Tribunal will expect you to provide written submissions and evidence to support your arguments. You may also be able to make oral submissions at a ‘hearing’. Hearings are relatively informal, and the Department of Home Affairs will not be present at the hearing. The hearing is an opportunity for the Tribunal to gather any further information required to make a new decision on your matter.
Administrative Appeals Tribunal cases take an average of 539 days to be finalised. However, timeframes can vary based on the type of visa. For example, Bridging Visa appeals can take 10 days, whereas Partner Visa appeals can take 643 days. These are averages however, and cases can take more or less time depending on the circumstances.
It costs $1,787 to lodge an appeal with the Tribunal. There may be further costs associated with obtaining new evidence, such as medical opinions.
A visa refusal can be emotionally devastating and may put your life on hold. Upon receiving a refusal, it is critical to obtain professional assistance as soon as possible. Fair Go Visa Consultants have a wealth of experience across a range of refusals. We have worked with many clients on various Administrative Appeals Tribunal matters. We can assist you to understand the reasons for the refusal, the time frames for an appeal, your prospects of success and other important matters.
You will need to obtain advice regarding your current Bridging Visa eligibility. This will maintain your lawful residence in Australia while you await the outcome of your appeal. You will also need advice on how Section 48 of the Migration Act may affect you. In some circumstances, this section can prevent you from making future visa applications in Australia.
Fair Go Visa Consultants will discuss your matter with you in detail. We will review your decision record and discuss the likelihood of getting a positive outcome. We will prepare written submissions on your behalf and work with you to present supporting evidence. Before any hearing, we will ensure you are adequately prepared and aware of the overall strategy. We will also attend the hearing with y
If you would like to discuss your case further with us, please book a consultation so that we can assist you in developing a strategy moving forward.
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