Although the list below may not cover all possible reasons for visa refusal, here are some common factors that could lead to a visa application being denied, depending on the individual case:
- Applying for the wrong type of visa.
- Failing to demonstrate sufficient financial capacity to support the visa application.
- Submitting incomplete or false information.
- The sponsor of the applicant not meeting the necessary requirements.
- Lack of awareness or understanding of the course applied for.
- The applied course not being relevant to the applicant’s current qualifications or experience.
- Inadequate presentation of concrete future plans.
- Incorrect calculation of points (applicable in point-based visa systems).
- Submission of bogus or fraudulent documents.
AAT’s Role
The Tribunal’s role is to review the Department’s decision in case of visa refusal or visa cancellation. During the review, the designated Tribunal Member will carefully assess if your application meets all the necessary legal requirements for approval. If the AAT finds that the Department’s decision was incorrect, they can decide in your favour and send the matter back to the Department for reconsideration.
In such cases, the Department typically grants the visa or revokes the visa cancellation, leading to a positive outcome for your application. We’re here to assist you throughout the process and help you secure the best possible result.
Timely action is crucial! When filing an appeal, ensure that you submit the application for review within the specified timeframe mentioned in the notification letter of the decision. It’s important to note that there might be additional fees associated with the appeal application.
Here are the potential outcomes:
Affirm: This means that the Administrative Appeals Tribunal (AAT) upholds the decision made by the Department to refuse or cancel your visa. In this case, the original decision stands, and your visa application remains denied or revoked.
Vary: This outcome occurs when the AAT disagrees with the Department’s decision to refuse or cancel your visa. The AAT will revise the decision, providing new instructions and recommendations. Following this revision, your application will be forwarded to the Department of Immigration for further assessment.
If the AAT review outcome is ‘Affirm’, and you are dissatisfied with the decision, you still have two potential avenues to explore:
- Application to Federal Court: In certain limited cases where there is evidence of a legal error in the AAT’s decision, you can make an application to the Federal Court for a further review.
- Application for Ministerial Intervention: Another option is to write a request to the minister, seeking their personal discretion to grant you the visa based on compelling reasons. While the success rate of such requests is generally low, if the Minister does intervene, the decision is often favourable.
