Australia’s stunning landscapes draw tourists from around the globe, but the Department of Home Affairs remains cautious about potential visa misuse, such as working illegally on a tourist visa. How to Appeal an Australian Tourist Visa Refusal becomes a vital concern, as even genuine applicants wanting to visit for leisure or to see family and friends may face visa refusals due to this overzealous application of law and policy.
Why Was Your Visa Refused?
Before delving into the appeal process, it is crucial to understand the reasons behind your visa refusal. The Australia tourist visa rejection rate highlights common issues that applicants face. A visa application can be declined for various reasons, including:
- Incomplete or Incorrect Information: Providing incomplete or inaccurate details in your application can lead to refusal.
- Failure to Meet Eligibility Criteria: Not satisfying the specific eligibility requirements for the visa category you have applied for.
- Submitting Fraudulent, False, or Misleading Information: Providing deceitful or misleading information in your application is a common reason for visa refusal.
- Lack of Necessary Supporting Documents: Failing to supply all the required supporting documentation for your visa application.
Not Meeting Health or Character Requirements: Inability to meet the health standards or character assessments mandated for the visa.
What Are My Options If I Receive a Visa Refusal
If you receive a visa refusal, you generally have two options:
Appeal the Visa Refusal Decision to a Tribunal or Relevant Court
Visa appeals are most commonly lodged with the Administrative Appeals Tribunal (AAT). You can read more about this process on our Administrative Appeals Tribunal page.
Some visa refusal decisions are appealed to the courts instead. For example, when the Minister for Immigration personally decides to refuse a visa based on character grounds. You can read more about this process on our Court Appeals page.
It is important to seek immigration advice from a lawyer before lodging your visa appeal to determine if you have a chance of being successful. In some cases, a visa appeal cannot succeed because certain visa criteria have not been met.
Apply for a New Visa
In some circumstances, considering the Australian tourist visa rejection rate, the best course of action is to apply for a new visa. This may be the case if your visa appeal is unlikely to succeed or if it will be quicker or cheaper to lodge a new visa application. To apply for a new visa, you need to meet the requirements of that visa and not be subject to any visa bars.
Our migration lawyers can advise you on the best migration strategy based on your circumstances to achieve visa approval, especially if you have received a visa refusal. It is also important to act quickly, as there are strict deadlines for appealing a visa refusal.
Under What Circumstances Can You Appeal?
After refusal of Australian tourist visa, the next steps depend on your specific situation:
- Onshore Applications: If you lodged your visitor visa application while in Australia, you can appeal the decision through the Administrative Appeals Tribunal (AAT).
- Sponsored Applications: If an Australian citizen or permanent resident sponsored your visitor visa, the sponsor can appeal the decision. The sponsor must submit the appeal within 21 days of the refusal.
- Offshore Applications: If you lodged your application offshore and were not sponsored by an Australian citizen or permanent resident, you cannot appeal. In this case, reapplying with stronger supporting documents is the best option.
How Long Will the Appeal Take?
If your visitor visa is refused and you have the right to a review, the process may take the following amount of time:
- 50% of visitor visa appeals are resolved within 382 days.
- 95% of visitor visa appeals are resolved within 482 days.
How Much Will the Appeal Cost?
Are you sitting down? Proving your point at the Tribunal will currently cost you a cool $3,496!
What Should You Do to Prepare for the AAT Appeals Process?
To succeed in your AAT appeal, you need to demonstrate the following:
- Purpose: Clearly explain the reason for your visit (tourism, family, or business).
- Ties: Prove strong ties to your home country (employment, family, property).
- Financials: Show that you have sufficient funds to cover your stay.
- Travel History: Provide evidence of compliance with previous visas (if applicable).
- Return Plans: Include proof of return flights and commitments that will bring you back home.
- Compelling and Compassionate Reasons: Highlight compelling or compassionate reasons that could impact Australia’s interests.
Conclusion
You may want to visit your loved ones in Australia or have genuine and compelling reasons to extend your visitor visa. Unfortunately, you’ve fallen victim to the Department of Home Affairs’ hypervigilance. They rejected your visitor visa application based on the unreasonable assumption that you intend to misuse it.
In such a situation, knowing how to appeal an Australian tourist visa refusal is essential. You need to call us – Longton Migration and Education Advisors because justice won’t dispense itself!
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
