If the Department of Home Affairs refuses an application for a visa, other than a protection visa, you can ask the Administrative Appeals Tribunal to review the decision. This includes decisions about visitor, student, partner, family, business or skilled visas. This is called ‘making an appeal’.
For those of you who have received a visa refusal or had a visa canceled by the Department of Home Affairs, we recommend you receive expert immigration law advice without delay. There are strict time limits for making an appeal and they depend on the type of decision
Who can apply for review?
The decision letter sent by the department should explain whether the decision can be reviewed by us and who can apply for review.
In some cases the only person who can apply for review is the visa applicant or former visa holder, in other cases it can only be the sponsor or a close relative. In some cases the review applicant must be within Australia at the time of decision or at the time the application for review is lodged, or both.
For further information please contact ours registered migration agents. Our team has extensive knowledge and experience of immigration law and procedure and are well adept at assisting clients with cancellations and visa refusals.
Time limits for making your application for review
The decision letter sent by the department should state the time limit that applies to making an application to us.
If you are intending to apply for a review, you should note that you cannot extend time limits or accept applications made outside a time limit.
Application fees and processing time
You must pay an application fee if you lodge an application for a review of most migration decisions.
A fee is payable in all cases except applications for review of bridging visa decisions (including any related decision to require a security) that are made by persons in immigration detention.
In all other cases:
- the application fee is $1,787
- the fee may be reduced by 50% if AAT is satisfied that the full payment has caused, or is likely to cause, severe financial hardship to the review applicant
- The AAT will refund 50% of the full fee if you make a favorable decision on your case.
The time it takes for AAT to complete the review process depends on a range of factors, including the number of applications for review received, the number of members available to conduct reviews, the type of decision under review and the complexity of the review. Applications for reviews in the Migration and Refugee Division have more than doubled in recent years.
HERE you can find the table for the average times for finalising reviews.