Visa Refusal

If the visa application, nomination or sponsorship is rejected, applicants should take into account various factors including their immigration status and the possibility of remaining in Australia, their eligibility to apply for different Australian visas, and the option of appealing the visa refusal to the Administrative Appeals Tribunal (AAT).
Application Review
When an applicant faces a visa refusal, there may be various reasons for disagreeing with the decision. This could be due to inadequate consideration of their circumstances or evidence, incorrect application of the law, or biased consideration of certain factors. Apart from disagreeing with the visa refusal decision, there are other implications for the applicant. These include the requirement to leave Australia within a specific timeframe, having a visa refusal recorded on their record, and potential restrictions on applying for future visas to Australia.
Administrative Appeals Tribunal (AAT)

The Administrative Appeals Tribunal (Tribunal) has the authority to review visa refusal decisions made by the Department of Home Affairs (DOHA). The Tribunal’s Migration and Refugee Division (MRD) handles most appeals related to visa refusals. Unlike the Department of Home Affairs (DOHA), the Tribunal operates independently and evaluates visa applications from scratch. They are not obligated to follow the Department of Home Affairs (DOHA) decision and assess each matter based on its merits. Therefore, the Tribunal can be a viable option for individuals who disagree with a visa refusal decision.

Australia Visa Refusal
Tribunal Powers

The Tribunal has several powers regarding visa decisions:

  • Affirm: The Tribunal can uphold the decision to refuse the visa.
  • Vary: The Tribunal can modify the Department of Home Affairs (DOHA) decision, even if it reaches a different conclusion.
  • Remit: The Tribunal can send the decision back to the Department of Home Affairs (DOHA) for reconsideration, providing specific instructions to be followed.
  • Set aside and substitute: As the name suggests, the Tribunal can replace the Department of Home Affairs (DOHA) decision with a new one that it deems suitable.


Here’s how we assist:

Our experienced team can assist you with applications/appeals at the Administrative Appeals Tribunal (Tribunal) and the Federal Circuit and Family Court of Australia (FCFC), providing valuable guidance throughout the process.

Need more information or have questions that your seeking answers for?


Our experienced immigration specialists can make all the difference, talk to us about your
matter with ease and let us assist you in navigating to a successful outcome.

Give us a call at +61 3 9125 8872  or Contact Us online.

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