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Review Rights

Regional Migration Australia

Regional Migration Australia

Review Rights

Have you received a visa refusal? This can be one of the most stressful situations to be in and it is important to get professional advice as soon as possible. Following a refusal, you may have renew rights – generally the applicant has 21 days to request a review of the decision.

Regional Migration Australia can help you prepare, lodge and represent you at the appropriate Tribunal. Being prepared is critical and in many instances, your matter can be remitted back to the department and subsequently result in a visa grant.

Additional Information

What happens if I receive a visa refusal?
Receiving a visa refusal can be a distressing experience. However, applicants may have the right to request a review of the decision, or can address the issues stated and reapply. It is crucial to carefully review all the reasons for your refusal and address any issues before resubmitting your application. It is advised that you use a registered migration agent to help you with your visa application to reduce the chances of your visa getting refused.

What happens if my visa is cancelled?
A visa can be cancelled for a variety of reasons, for example, breaking the law, giving false information or if your intentions to visit Australia are not considered genuine. If the Department cancels your visa, all other visas associated including bridging visas and the visas of other family members may be cancelled. Cancellation of your visa might stop you from making further visa applications or prevent you from being granted certain visas to travel to, enter or stay in Australia.

  • If you have had a visa refused or cancelled on character grounds since you last arrived in Australia the only visa you can apply for is a Protection visa.
  • If you are removed from Australia on character grounds, you may have difficulty satisfying the character test when applying for another visa to re-enter Australia.

If your visa is cancelled, you may be able to appeal to the Administrative Appeals Tribunal (AAT) and then the Federal Circuit Court.

What is a section 48 bar?
The section 48 bar applies to applicants who have had a visa refused or cancelled since their last entry into Australia. If you are subject to a section 48 bar you may need to leave Australia before you can reapply for another visa.

What does a review process involve?
The review process varies from case to case. A typical case may follow these steps:

  • An acknowledgement letter to confirm that the application has been received will be sent from the AAT. They will also inform the department of your application and request the department to provide the AAT with all relevant documents about your case.
  • The case is allocated to a Member.
  • The Member reviews documentation.
  • AAT will invite you to attend a hearing, and/or to provide information or to comment or respond to information.
  • In some cases, the Member may announce the decision at the end of the hearing. The Member may decide to send you written reasons for the oral decision, in which case you will be sent the reasons within 14 days after the hearing. Alternatively, the Member may announce the decision and make an oral statement of the reasons for the decision at the hearing. If this occurs, you are entitled to make a written request within 14 days of the hearing for the Member to provide you with a written version of the decision and reasons which were stated at the hearing.
  • However, in most cases a decision will not be made at the end of the hearing and when the Member makes a decision, AAT will send you and the department a written statement of decision and reasons.

As each case is different, it is difficult to say how long it will take for us to make a decision on your case.

If you would like more information or guidance on this matter, please book a consultation with one of our agents.

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