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 Review Tribunal (ART).

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 Reviews Tribunal (ART)

The Administrative Review Tribunal (Tribunal) has the authority to review visa refusal decisions made by the Department of Home Affairs (DOHA). 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.

Tribunal Powers

The Tribunal has several powers regarding visa decisions. It can affirm the decision to refuse the visa, vary the decision made by the Department of Home Affairs (DOHA) even if it reaches a different conclusion, or remit the decision back to DOHA for reconsideration with specific instructions. Additionally, the Tribunal can set aside the original decision and substitute it with a new one it considers appropriate.

Got Any Questions?

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.

Here’s how we assist

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