Decision Review

Visa review | Appealing Australian visa decisions

How do I apply for a visa review?

If you are in Australia and your visa has been refused you typically have 21 days to apply for a review of the department’s decision with the Administrative Appeals Tribunal. And if this is also unsuccessful you can consider appealing to court or seeking Ministerial Intervention.

Is there a time limit on visa appeals?

Yes. Time limits to review a decision are statutory and can’t be extended for any reason.

If you don’t lodge an application for a visa review in the required timeframe the matter is finalised and you’ll need to leave the country unless you hold another visa.

What is the Administrative Appeals Tribunal?

The Administrative Appeals Tribunal is an independent review body, separate to the Department of Immigration.

It applies the same laws and policies as the Department of Immigration but has the authority to review department decisions and potentially overrule them.

Its role is to consider if the relevant laws and policies have been properly applied to the facts of a visa application.

The Administrative Appeals Tribunal may agree with the department’s decision, or it can remit the application back to the department on the basis that you meet criteria for the visa.

If the matter is remitted back, the department will continue to process the application.

While this doesn’t guarantee a visa being granted, it is indicative that it will be if relevant criteria are fulfilled.

Why should you engage in Phillip Silver & Associates’ services for your visa review?

When lodging an Administrative Appeals Tribunal, we prepare detailed submissions to assist the tribunal in understanding your matter and why the visa should be granted.

We also help clients prepare for tribunal hearings where they are asked questions by a presiding tribunal member.

The tribunal in this jurisdiction is inquisitorial – designed to find out more information about your specific circumstances – and not adversarial. You need to prepare for your application in great detail.

Expertly drafted submissions are the cornerstone of your review application. Good submissions addressing the issues pave the way for a good hearing.

What will an Australian visa review cost?

All Administrative Appeals Tribunal reviews are subject to an application fee – currently $ AU 1,764.00 per review applicant. This must be paid when lodging your review application.

Protection visa reviews are exempt from this fee until after the decision is made, at which point the applicant will be required to pay if the review fails.

What is a Judicial Review?

If the Administrative Appeals Tribunal affirms the department’s decision to refuse a visa application, you may have an opportunity to have the Tribunal’s decision reviewed by the Federal Circuit Court to determine if there was an error.

Contact Phillip Silver & Associates today to discuss your situation.