MARN-1685730
Refusal or Cancellation Review
If your visa application is refused or your visa is canceled, you may have the right to seek a review through the Administrative Appeals Tribunal (AAT). Understanding the review process and eligibility is essential for protecting your immigration status in Australia.
What is a Refusal/Cancellation Review?
A visa refusal or cancellation review is a process that allows visa applicants or holders to appeal the Department of Home Affairs' decision. Reviews are typically conducted by the AAT.
Eligibility for Review:
Not all visa refusals or cancellations are eligible for review. The refusal letter from the Department will specify if you can apply for a review. Common visa types eligible for review include:
- Student visas
- Partner visas
- Skilled visas
- Temporary visas
Steps in the Review Process:
- Lodging Your Review: You must lodge your appeal within the timeframe specified in your refusal/cancellation notice (usually within 21 or 28 days).
- Hearing and Evidence: The AAT will schedule a hearing where you can present your case and provide additional evidence.
- Decision: After the hearing, the AAT will either affirm the Department's decision, set it aside, or remit it for reconsideration.
How to Increase Your Chances of a Successful Review:
- Engage Legal Representation: A migration agent or lawyer can improve your chances of success by preparing legal arguments and gathering necessary evidence.
- Prepare for the Hearing: Bring all relevant documentation, such as proof of character or visa compliance.
- Adhere to Deadlines: Missed deadlines for lodging a review are rarely extended, so act quickly.
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