Visa Appeals & Reviews

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Visa Appeals & Reviews

A visa refusal is never the end of your dream to study, work, or settle in Australia.
The Administrative Appeals Tribunal (AAT) gives applicants the opportunity to appeal or request a review of a visa refusal or cancellation decision made by the Department of Home Affairs.

At Saga Studies, our experienced migration experts assess your case carefully, identify the reasons for refusal, and prepare a strong appeal or re-application strategy to give you the best possible chance of success.

Understanding Visa Refusals

A visa refusal means the Department of Home Affairs has declined your application because one or more eligibility criteria were not met.
Common reasons for refusal include:

  • Incomplete or incorrect documentation.
  • Failing to meet Genuine Temporary Entrant (GTE) or bona fide requirements.
  • Insufficient financial evidence.
  • Concerns about employment history or course relevance.
  • Health, character, or English language issues.

If you receive a refusal notice, it’s essential to act quickly, as there are strict time limits to lodge an appeal or review.

What Is a Visa Appeal or Review?

An appeal or review allows you to request the Administrative Appeals Tribunal (AAT) to reconsider the Department’s decision.
The AAT is an independent body that reviews the facts and evidence of your case and can:

  • Affirm (uphold) the refusal,
  • Set aside (overturn) the decision and grant the visa, or
  • Remit (send back) the case to Home Affairs for reconsideration.

During this process, you can present new evidence, clarify misunderstandings, or address the issues that led to your initial refusal.

Who Can Apply for a Review?

You may be eligible to apply for a review if:

  • You applied for your visa while in Australia.
  • You received a refusal or cancellation notice with a right of appeal mentioned in the letter.
  • You lodge your appeal application within the permitted timeframe (usually between 7 to 21 days).

If you applied from outside Australia, you generally do not have access to AAT review rights — but you may still be able to reapply with a stronger application.

Types of Visa Decisions You Can Appeal

You can appeal or review decisions for:

  • Student Visa refusals (Subclass 500)
  • Skilled Migration Visa refusals (Subclass 189, 190, 491, 494)
  • Partner and Family Visa refusals
  • Employer Sponsored Visa refusals (Subclass 482, 186)
  • Visitor or Working Holiday Visa refusals (Subclass 600, 417, 462)
  • Cancellations of existing visas due to conditions or character issues

The Appeals Process

1. Receive the Refusal Letter:
The Department of Home Affairs provides written reasons and information on whether you have review rights.
2. Consult a Migration Expert:
Seek advice immediately to understand the refusal reasons and available options.
3. Prepare and Lodge an Appeal:
Submit your review application to the Administrative Appeals Tribunal (AAT) within the required timeframe.
4. Submit Supporting Documents:
Provide additional evidence, updated statements, or clarifications addressing the refusal grounds.
5. Attend the Hearing (if required):
The AAT may invite you to an interview or hearing to discuss your case.
6. Decision:
The AAT may affirm, overturn, or remit the Department’s decision based on the evidence provided.

Possible Outcomes

After review, the AAT can:

  • Grant the visa directly.
  • Send the case back to Home Affairs for reassessment with instructions.
  • Refuse the appeal, upholding the original decision.

If your appeal is unsuccessful, further options may include judicial review, ministerial intervention, or reapplying with a stronger case.

How Saga Studies Can Help

Our registered migration professionals understand that visa refusals can be stressful and time-sensitive.
We thoroughly analyse your refusal letter, identify weaknesses in the original application, and create a clear strategy for appeal or reapplication.

Our support includes:

  • Reviewing the Department’s decision and explaining your rights.
  • Preparing and lodging your AAT appeal within deadlines.
  • Drafting detailed submission letters and legal representations.
  • Gathering new evidence and strengthening your case.
  • Representing you professionally during AAT hearings.
  • Advising on alternative visa pathways if appeal options are limited.

Why Choose Saga Studies

  • Experienced consultants with expertise in appeals and complex visa cases.
  • Transparent advice and clear communication throughout the process.
  • Strong record of successful AAT appeal outcomes.
  • End-to-end assistance from refusal analysis to visa approval.