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Important updates to our Australian emigration services
We have withdrawn our Australian emigration legal services as of April 2024 and are unable to assist with enquiries or advice about moving to Australia.
This information remains accessible to aid anyone wishing to make the move to Australia, however please note that this information was last updated in August 2023.
Emigrate to Australia is a London-based Australian emigration service who may be able to assist with any enquiries, however please note that we do not endorse any one provider's services. They can be contacted on 020 7427 5290.
Understanding how to appeal an Australian visa refusal and seeking legal advice on the appeal process can increase your chances of a successful appeal. This blog will explore the process of appealing an Australian visa refusal.
Why was your visa refused?
Before we dive into the appeal process, it’s important to understand the reason for the refusal in the first place. There are many reasons why a visa application may be refused, including:
- Incomplete or incorrect information in your application
- Failing to meet the eligibility criteria for the visa you applied for
- Providing fraudulent or false or misleading information in your application
- Failing to provide all the necessary supporting documents
- Failing to meet health or character requirements
How to appeal a visa refusal in Australia.
It is possible to appeal a visa refusal in Australia. There are different types of appeals depending on the type of visa you applied for and the reason for refusal.
Administrative Appeals Tribunal (AAT)
The Administrative Appeals Tribunal (AAT) is an independent body that reviews decisions made by the Department of Home Affairs. In the event of a visa refusal or cancellation, you can appeal to the AAT. The AAT will review your case and make a decision based on the evidence presented.
To appeal to the AAT, you need to submit an application within the timeframe specified in your visa refusal letter. The application fee varies depending on the type of visa you applied for and the reason for refusal.
Federal Court of Australia
If you believe that the AAT has made an error in their decision, you can appeal to the Federal Court of Australia. This is a more formal and complex process, and it’s recommended that you seek legal advice before proceeding.
The Australian Immigration Experts
Our Australian emigration team are:
- Registered with the Australian government
- Dual-qualified in Australian and British law
- Experts in visa appeals and complex applications
Common appeal outcomes following a visa refusal Australia
There are several outcomes of an appeal, depending on the type of appeal and the evidence presented. Some possible outcomes include:
- The AAT upholds the original decision, meaning your visa remains refused
- The AAT overturns the original decision and grants you a visa
- The AAT sends the decision back to the Department of Home Affairs for reconsideration
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Conclusion.
Getting a visa to move permanently to Australia is a complex process, and a visa refusal can be disheartening. However, there are ways to appeal a visa refusal in Australia. The most common appeal processes include the AAT and the Federal Court of Australia.
It’s important to understand the reasons for your visa refusal and seek legal advice before proceeding with an appeal. With the right approach and support, you can still achieve your dream of moving to Australia.
Experts in emigrating to Australia
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