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If your visa has been turned down, then it’s normal to feel disheartened. However, while this is a bump in the road, it doesn’t need to be the end of your journey to Australia. There are avenues you can take to appeal the decision.
If you find the visa process overwhelming, you’re not alone. Get Your Visa can help simplify the process. It is our mission, as a registered Migration Agency with years of experience, to provide you with the most suitable solution in order to get your visa approved.
The AAT (also known as the Administrative Review Tribunal, or ART, since 2024) is the Administrative Appeals Tribunal. This department is tasked with assessing, and subsequently upholding or remitting the visa decisions made by the Department of Home Affairs.
The AAT has jurisdiction to review a limited number of decisions relating to visas such as:
If your visa has been denied, in most cases you are entitled to appeal the decision with the AAT. The AAT will review your refusal. The department will go over the reason for refusal and all supporting documentation, including personal statements, financial records, relationship proof for partner visas, work history, as well as expert reports such as medical and character references.
In most cases, this will be followed by a hearing, either in person, or online. At the hearing, you will have the opportunity to explain your case, provide additional evidence and answer any questions from the tribunal member. In some cases, the tribunal member will ask for more documents before making a final decision.
Remember that the AAT does not make new laws or exceptions—they apply the same legal criteria the Department used. However, they can interpret the law differently or weigh the evidence differently, which is why some refusals get overturned.
This process may lead to the affirmation, remittance, variation or substitution of the original decision.
If your Australian tourist visa has been refused, you may have the option to appeal the decision through the Administrative Appeals Tribunal (AAT). Here’s how the process works:
First, check if you’re eligible for an appeal. Not all visa refusals can be appealed. Your refusal notice from the Department of Home Affairs will specify whether you have appeal rights. If you applied outside Australia, you usually cannot appeal, but if you applied while in Australia, you may be eligible.
Next, lodge an appeal with the AAT. You must apply to the AAT within the deadline stated in your refusal notice (usually 21-28 days). Appeals must be submitted online via the AAT website. The AAT application fee (currently $3,374) applies, though a 50% refund may be available.
Then, it’s time to prepare your supporting evidence. Your appeal is a chance to strengthen your case, so you should provide additional evidence addressing the specific refusal reasons—this might include more financial proof, stronger ties to your home country that make it clear you intend to return, or clarification of any concerns raised by the Department.
Finally, attend the AAT hearing. In most cases, you’ll be invited to a hearing where you can present your case in person, via video call, or through a representative. This is your opportunity to explain why you meet the visa requirements and provide further context.
The last part is also the hardest – waiting for the AAT to make its final decision. This may mean overturning or upholding the refusal, or sending it back for reconsideration with
Like most aspects of the visa process, the AAT fees for visa refusal aren’t cheap. The AAT visa refusal appeal fee is currently $3,374. However, a 50% refund may be available if the applicant is facing financial difficulty. Unlike in previous years, the current administration does not provide any refund if the case is successful or withdrawn early.
Even if you’re eligible for the 50% refund, you’ll still have to pay the full fee upfront, and then apply for the reduction.
Missing paperwork is a big red flag. Immigration authorities need solid proof to back up your claims, so if key documents (like financial statements or relationship evidence) are missing or incomplete, it can lead to a quick refusal.
If the Department suspects that any part of your application isn’t genuine—whether it’s a forged document or inconsistent statements—it can result in an automatic refusal. Even honest mistakes can raise doubts, so accuracy and transparency are crucial.
A visa can be refused if the applicant poses a potential risk to public health or safety. This could include failing the required health checks or having a criminal record that doesn’t meet Australia’s character requirements.
The most important part of your AAT visa refusal appeal is specificity. Identify why the visa was initially turned down by the Department of Home Affairs, and tailor your appeal to address and remedy this concern. Your notice of refusal contains the information you need – namely the reason for refusal, whether you’re eligible for an appeal, and how much time you have to lodge this appeal with the AAT.
Here are some other tips to get ready for your visa refusal appeal:
If you’re unsure of the process or what evidence is necessary, Get Your Visa can help. With years of experience and a 96.77% success rate in securing Australian visas, we can help you structure your appeal in a way that presents your case more effectively.
First, don’t lose hope. There are still avenues available to you, and the right immigration agent can help you forge a new path to Australia.
You should review the AAT’s decision carefully – they will always provide written clarification. Go through it thoroughly to understand why your appeal was denied. This will help you determine your next steps.
In some cases, you may be able to request Ministerial Intervention, where the Minister for Immigration personally reviews your case. However, this is only granted in exceptional circumstances, such as compassionate or compelling reasons.
Even if your appeal is unsuccessful, you might still be eligible to apply for a different visa. In this new application, you should be sure to address the previous refusal reasons and provide additional evidence.
We’ve empowered countless businesses and applicants to achieve their Australian visa goals. With certified migration experts and a proven success record, trust us to navigate your visa journey.
From initial consultation to visa approval, we simplify the process for you. Our team manages each step, ensuring a smooth and stress-free journey to Australia.
Have a one-on-one discussion to explore the best visa options and assess your eligibility.
Collect all necessary documents, ensuring you have everything needed for a complete application.
Review and organise documents to ensure they meet visa requirements and standards.
Submit the completed application and supporting documents to the Department of Home Affairs.
Receive the final decision on your visa application and prepare for the next steps.
Have a one-on-one discussion to explore the best visa options and assess your eligibility.
Collect all necessary documents, ensuring you have everything needed for a complete application.
Review and organise documents to ensure they meet visa requirements and standards.
Submit the completed application and supporting documents to the Department of Home Affairs.
Receive the final decision on your visa application and prepare for the next steps.
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