Visa Appeal
AAT Merit Review
Here are some reasons why a visa or citizenship application may be refused:
- Not meeting the criteria for granting a visa/citizenship
- Providing false and misleading information, bogus documents to the DHA
- Being a subject to a bar from entering Australia
- A sponsorship not being approved by the DHA
- Failure to notify the DHA about changes in your circumstances
- Failure to provide further information upon request from the DHA
Here are some reasons why a visa may be cancelled:
- Non-compliance with a visa conditions
- Not being able to satisfy the character test
- The grounds for granting a visa no longer exist
- A sponsorship has been withdrawn
- Providing false and misleading information, bogus documents to the DHA
The decision letter sent by the Department of Home Affairs should explain whether the decision can be reviewed by the AAT 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.
AUS VISA SOLUTIONS can provide advice on individual circumstances. We can help you prepare and lodge an application to the Administrative Appeals Tribunal.
AUS VISA SOLUTIONS will carefully analyse your matter considering your circumstances; and, if satisfied that your case has reasonable prospects of success, we will then proceed with the submissions to support your application.
Once the AAT received your merit review application, your case will be allocated to the Member of the Tribunal. You will be invited to attend a hearing to provide evidence and present your case.
The Tribunal can make the following decisions:
- Affirm the decision: the decision is not changed
- Vary the decision: the decision is changed
- Set aside the decision and substitute a new decision: the decision is replaced with a new decision
- Remit the decision: the matter is sent back to the Department to make a new decision.
The Tribunal can also make the following decisions:
- No jurisdiction to review the decision: we cannot undertake a review because it is not a valid application
- Confirm the decision to dismiss the application because you did not attend the hearing: the decision is not changed.
In some cases you may also apply for a Ministerial Intervention. The Minister for Home Affairs has the power to substitute a more favourable decision for an applicant.
Please note that all review applications have strict deadlines. Please do not delay. Contact us as a matter of urgency.