The department under some circumstances has the authority to refuse a visa application, nomination/sponsorship application or cancel a visa. We at Dawn Consultants understand the plight of such applicants and visa holders that such decision while devastate the visa holders (both student and other visa holder) or applicants for both student and a few other visas in terms of their future and extra financial burden coupled with the uncertainty caused by the long delay in hearing of review appeals. One should not panic and instead contact us immediately for making a review appeal with Administrative Appeals Tribunal, Migration and Refugee Division.

Some of the reasons for visa refusal are given below:

  • Application for a wrong type of visa
  • Failure to provide genuine funds
  • Providing incomplete or false information
  • Lack of information about the course and provider
  • Ir-relevancy of chosen course to the previous study or employment of the applicant
  • As a result of refusal of sponsor’s nomination application
  • Lack of skills and qualifications to meet the nominated skill requirements.
  • Lack of mandatory work experience for the visa applied for.
  • Bogus Documents

Reasons for Visa Cancellation-Some of the reasons for visa refusal are given below:

  • Breach of visa conditions
  • Due to false documents or incorrect information provided for visa grant
  • On character ground
  • Failure to comply with sponsorship obligations.
  • Breach of work limit
  • Poor academic or attendance records.
  • Character grounds

The department advises the visa holder or visa applicant if the decision by the visa officer is reviewable or not including the time limit for making review appeal to Administrative Appeal Tribunal-AAT for review of department decision.

What is Administrative Appeal Tribunal (AAT)?

Administrative Appeal Tribunal is the only body that has authority to review the decision of the department for refusal or cancellation of a visa application.

What does AAT do?

The AAT is independent of the department of Home Affairs but apply Migration Act, Migration Regulations, Policy Advice Manual 3, Ministerial Guidelines while reviewing your case. The Presiding Member at AAT examines your application afresh, reviewing the documents, evidences, forms and all the information you have provided to the department and to the ATT before, during and after the hearing but before the decision by the AAT.

Time limit for making a Review Appeal

Review appeal must be lodged within the timeframe specified in the notification letter of decision. There is no provision for extension of date for making a review appeal. There is always a fee for the review appeal application.

Timeframe for processing of the appeal?

Currently, there is a waiting ranging from around 12 to 18 months, but it may be more or shorter depending upon the case load of AAT. Under a very limited circumstances AAT may accept priority processing.

The AAT has the powers to make the following decisions.

Affirm the decision of the department:

It means AAT agrees with the department’s decision to refuse or cancel your visa. The decision made by the department is not changed. Hence, the refusal or cancellation stands. The review applicant can go to either federal court or apply for ministerial intervention against AAT decision.

Remit the Application:

It means AAT disagrees with the decision of the department to refuse or cancel your visa and remit your application for reconsideration by the department.

Set Aside the decision of the department:

It means the AAT has disagreed with the department decision and endorse its decision in favour of the review applicant.

Further action in the case of Affirmation of Department decision by AAT.
Application to Federal Court

This can be done in strictly limited cases where there is some jurisdiction Error in the decision by AAT. Such an application may take between, 6 months to 18monthor mire depending upon the caseload in the federal court of the state where the application is made.

Application for Ministerial intervention:

You can write a request to the minister for his personal discretion to grant you visa by providing some potent reasons. The number of requests that are successful is very few. The minister may intervene where interests of Australian Resident or a citizen is affected

At Dawn Consultants Lt Col Retd Bikkar Singh BRAR had been handling AAT review Appeals since 2003 and achieved a remarkable outcome in most complicated cases where others declined. This is the most crucial time for the visa holder or a visa applicant which he/she should not risk at all. He will be working with you from the day of lodgement of review appeal, prepare your submission with supporting documents, preparing you for hearing, assist you during the hearing and follow up with the AAT until decision is made.

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