How to Appeal a Refused Visa?

Receiving a visa refusal can seem like the end of everything. However, if you applied from onshore, there is likely the opportunity to appeal the negative outcome. Pathway to Aus has assisted many clients to appeal their visa refusal for all types of visa applications.

This guide will help you go through the process to appealling your refused Australian visa and provide you with insights but, if you would like to speak to an experienced agent about your specific circumstances, feel free to book into a consultation.

Can You Appeal Your Refused Visa?

If you are onshore, you should be able to appeal any type of visa application refusal. This includes:

  • Student visas
  • Skilled visas
  • Family and Partner visas

Even if you applied from offshore, most permanent visa applications can be appealed.

Understanding the Reason for Refusal

The first step you need to take is to carefully review the refusal letter from the Department of Home Affairs. This letter will explain 3 points:

  • Reasons for the refusal:

    The assessing officer must specify the specific grounds for the negative decision. Different visa applications require different types of supporting documentation to be provided. For example if your student visa application was refused, we might need to re-do the Genuine Temporary Entrant (GTE) statement and provide additional documentation that addresses the reason for refusal and shows how you meet the legislative requirements.

  • Right to appeal:

    Whether your case is eligible for an appeal.

  • Deadline for appeal:

    The timeframe to lodge your appeal which is typically 21 days from the decision date for onshore applications.

Steps to Appeal a Refused Australian Visa

1. Lodge Your Appeal

Submit your appeal to the Administrative Review Tribunal (ART).
Here's how:

  • Access: ART Online Portal
  • Form: Provide details, visa subclass, and refusal letter.
  • Fee: $3,496 (50% refunded if favorable decision).

2. Gather Supporting Documents

Strengthen your case by addressing the refusal reasons.

  • Additional proof of eligibility.
  • Evidence of changes in circumstances.
  • Letters of support.

3. Prepare for the Hearing

The ART may schedule a hearing for your case.

  • Explain why the refusal was incorrect.
  • Present evidence or call witnesses.
  • Have a lawyer or migration agent, if needed.

4. Wait for the Decision

ART will notify you of the decision. Possible outcomes:

  • Reversal: Your visa is granted.
  • Upheld: Consider judicial review or reapply.

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