Visa Refusals and Visa Cancellations
My visa was just refused or cancelled-what are my options?
If your current visa has been cancelled or a visa application has been refused you or your sponsor may be eligible to lodge a review with the Administrative Appeals Tribunal (AAT).
There are strict time limits imposed so please contact Oasis on 0403 150 559 to arrange an urgent appeal to the AAT. Your case will be assessed by the Tribunal and they can choose to affirm, vary or remit the original decision. The role of the Administrative Appeals Tribunal (AAT) is to review decisions made by the Department of Home Affairs (DHA).
The AAT has the power to affirm, vary or set aside the DHA’s decision, or remit the matter back to the DHA for further consideration with specific directions. The AAT considers visa-related refusals and cancellations. You can apply to the AAT for a review provided you are physically present in Australia when the application for review is made.
For off-shore visa refusals, rights of review are limited to sponsors, nominators or relatives in Australia.
So applications can be reviewed offshore subject to meeting certain conditions. If the AAT decides to rule in your favour they will remit the case to the Department of Home Affairs to reconsider the decision. However if the AAT decides to affirm the original decision you may have an option to appeal to the Federal Circuit Court of Australia if there is an error of law.
If your application has been unsuccessful with the Federal Circuit Court you may have the option to lodge a ministerial intervention request. Please contact Maryann on 0403 150 559 to discuss your options.