It requires a lot of hard work to build your ambitions of moving to Australia, and you don’t want any roadblocks in your approach. However, in the process of the application, your visa refusal can occur for a myriad of purposes. Non-eligibility for a visa or some similar mistakes can put your goals in jeopardy.
Is there something we can do to reapply for the refusal of a visa? Yes, Australia has an appeal procedure that can put your student visa on hold while they are thoroughly evaluated. You are obviously worried about your chances of staying in Australia when you just got a visa denial confirmation mail from the Ministry of Home Affairs.
If your visa application is denied, we will go over the next steps in this post.
Step 1: Reapplying for a New Visa
If your visa request has been denied or your visa has been revoked, you need to verify to see if you can reapply for a renewed visa right away. The reason for your student visa rejection could be insufficient funds in the bank. You need to have adequate funding to live and study in Australia while you apply for a student visa here.
Assuming that you had a proper visa at the moment your visa application was denied, you may be allowed to simply reapply to get a new visa based on the reason for your visa refusal. However, before re-applying for a visa, you should double-check that you can meet the conditions set by the AAT. You can also reach out to an immigration lawyer or AAT appeal lawyer for more help on the reapplying procedure.
Note: However, you cannot always reapply, nor is it always preferable. In truth, Australian immigration law is quite tight, and being refused a visa in this country has severe consequences for your capacity to reapply, which is often not a realistic choice for many people. If you cannot apply for an all-new visa, in that case, may file an appeal with the Administrative Appeals Tribunal or AAT. With the help of AAT, you can have your visa refusal appeal in Australia reviewed on the merits.
Step 2: Adhering to the Time Limit and Fees by AAT
You get a certain amount of time to apply to the AAT. Most immigration judgments have a time frame of 21 days from the date of the judgment, although your time limit will vary according to the nature of the case you have. You need to check out with your lawyer to find out how much time you have for appealing a visa refusal.
The AAT application fee for immigration judgments is $3,000 at the moment of writing, however, the best part is that if you prove your case, the AAT will reimburse half of it back.
Step 3: Presenting Your Case at AAT
When connecting with you, AAT is much more participatory, and anyone from AAT will speak with you physically, over the phone, or digitally.
However, this does not imply that you can simply show up at the court on the day of the meeting and expect a favorable conclusion from the AAT for your visa application. In reality, it’s quite hard for an AAT respondent to comprehend the entire issue within only 2 or 3 hours.
So, how is the successful application to AAT done? Well, read below to know more!
You will have to plan your student visa Australia appeal before because one of the key elements of a winning AAT appeal is preparedness. Just before hearing, you must submit compelling written arguments and give relevant proof. This will guarantee that your AAT member is well-informed on your case and will be able to ask you pertinent queries at the hearing.
This is particularly necessary because the session may be the final time the Tribunal participant meets you in person and your only opportunity to submit your evidence to the AAT in living, so you will have to make the greatest case you can.
Appealing a Visa Refusal for Australia
You can lodge your visa refusal appeal at AAT simply by filling an online form. This online form should consist of the details about the people seeking review by the AAT, as well as pertinent information regarding the decision that is the basis for their review application. The aat.gov.au website makes it simple to file an appeal. Please note that varying time frames apply to when you can apply to the AAT and, more critically, if you have had your visa cancelled. The time it takes to apply after a visa cancellation is significantly less than the time it takes to apply after a visa refusal.
Tips to Remember While Applying for Visa Refusal at AAT
In general, any visa refusal appeal in Australia or cancellation can be addressed using an online application. You should be aware of the following crucial guidelines:
- Fill in your correct details at the AAT’s right division.
- Based on the refusal/cancellation, a reviewing application must be filed within a specific time range.
- In general, the statement will contain all important information on timescales and right division; nevertheless, before filing a review application, it is recommended to read the regulatory requirements.
- At the conclusion of your hearing, always ask for a copy of the recordings.
Concluding Things Up
Appealing a visa refusal in Australia is a bit challenging but can be applied if you choose the right way! At Ghothane Lawyers, we have tackled a variety of visa refusal issues. Contact us immediately if you are the one seeking to apply at AAT for your visa reapplication process.