Visa (or Nomination) Application Refused / Rejected

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See specific information regarding the following visa or nomination refusals:

• Partner Visa Refused / Rejected
• Work Sponsored Visa Refused / Rejected
• Employer Nomination Refused / Rejected
• Skilled Visa Refused / Rejected
• Business Visa Refused / Rejected
• Protection Visa Refusal / Rejected
• Student Visa Refusal / Rejected
• Visitor Visa Refusal / Rejected

If your visa has been refused (rejected / denied) and it is not one of the visas listed above, this page will give you an outline as to your possible options and feel free to contact us for further information.

Your Possible Options

If you have just received notification that your visa or nomination application has been refused, it is important that you obtain legal advice as soon as possible.

The urgency arises because the longer that you leave it, the less options you will have.

Depending on your individual circumstances, possible options available to you may include:

• Accepting the refusal decision
• Re-lodging a new application
• Applying to appeal the refusal decision at the Administrative Appeals Tribunal (the Tribunal)
• Applying to have your matter heard before a Court (appeal the decision on jurisdictional error grounds)

Re-lodging a new application or appealing the decision to a Court may be options to you only in certain circumstances. You will need to speak to Visa & Citizenship Lawyers to assess what are the options available in your particular circumstances.

Tribunal (AAT) Review

The Tribunal has strict time limitations and if you do not lodge a review application with the Tribunal in time, it will be what’s known as an invalid application. If it’s an invalid application, you will have no review rights at the Tribunal.

One of the benefits of having your matter reviewed at the Tribunal is that the Tribunal is not a part of the Department of Home Affairs who refused your Visa or Nomination Application.

The Tribunal hearing is what’s known as a Merits Review and a Merits Review is basically a second chance. At a Merits Review, all the information that you have submitted that was included in the original application will be considered. Additionally, any evidence that we are able to compile for you up to and including the date of the Tribunal review hearing, will also be considered.

What Visa & Citizenship Lawyers will do for you if you want to appeal to the Tribunal

Visa & Citizenship Lawyers will:

• Assess the refusal and inform you of the strengths and weaknesses of your case;
• Lodge a review application with the Tribunal;
• Inform you what information will help your case and guide you during the waiting time for the Tribunal review with preparing evidence;
• Work with you to draft detailed Statutory Declarations supported by evidence;
• Draft detailed Submissions and lodge with the Tribunal;
• Attend the Tribunal hearing with you and assist you in presenting your case before the Tribunal;
• Draft further detailed Submissions (if necessary), before the Tribunal Member has made their decision.

Example*

Max is a Singaporean citizen who met Anna while he was on a student visa studying in Sydney. Anna is an Australian citizen. Max and Anna began living together while Max was on his student visa and they believed that they were in a de facto relationship and they had plans of spending their lives together. Just before Max’s student visa expired, he self-lodged a partner visa application. Max receives notification that the partner visa application was refused.

Max and Anna contact Visa & Citizenship Lawyers and arrange a consultation where they are told that based on the information that they have provided, having the matter heard before the Tribunal will have good prospects of success if they have proper legal preparation and representation.

Max and Anna engage Visa & Citizenship Lawyers to prepare and handle their Tribunal review. Visa & Citizenship Lawyers work closely with Max and Anna and prepare detailed evidence to support the Visa Application. Max is granted a partner visa and continues to live with Anna.

* (Names and facts have been changed to protect the identity of clients)