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Note: This guide provides general information only and is not legal advice. Always check your refusal letter and official websites for the most current rules and deadlines.
Start by understanding your refusal letter and review rights #
Your refusal notice from the Department of Home Affairs explains why your visa was refused, whether you have review rights, the body that can review the decision, and the strict deadline to apply. Time limits are critical and are set out in the letter. For many onshore refusals, the timeframe can be very short, and for some family-sponsored visas it may be longer. Confirm exact time limits on the Administrative Appeals Tribunal (AAT) website and in your notice.
- Read the decision record carefully and identify the criteria you did not meet.
- Note the exact deadline to lodge a review (no extensions).
- Check whether you or a sponsor can apply for review.
Resources: Department of Home Affairs | AAT time limits
Choose the correct pathway to challenge the decision #
There are four main official pathways. The right choice depends on your circumstances and refusal grounds:
- Merits review at the AAT (where available): The AAT reassesses your case “on the merits”, meaning it looks at the facts and law afresh and can consider new evidence. This is the most common first step for reviewable refusals made by a delegate of the Minister.
- Judicial review: If the AAT cannot review your matter or you lose at the AAT, you may be able to ask a federal court to review for legal error only (not to re-hear the facts). Strict court deadlines apply.
- Ministerial intervention: In limited, exceptional circumstances after you have exhausted merits review, the Minister may intervene on public interest grounds. This is discretionary and not a general appeal process.
- Re-apply: If you are eligible and not barred (for example, section 48 bar can apply after onshore refusals), you may address the issues and lodge a new application.
Resources: AAT migration reviews | Ministerial intervention
How to lodge an AAT review correctly #
If your decision is reviewable by the AAT and you are within time:
- Apply before the deadline: The AAT must receive your application and fee by the cut-off in your notice. Late applications cannot be accepted.
- Pay the application fee: A fee applies; a partial refund may be available if your review succeeds. Fee reductions can apply in hardship cases—check the AAT for current amounts and concessions.
- Lodge online: Use the AAT online portal and upload your refusal letter and identification.
- Your visa status: If you were in Australia and held a bridging visa associated with your application, lodging a valid AAT review in time may allow you to remain lawfully during the review process, often on a Bridging Visa. Always confirm your visa status via VEVO and your notices.
Resources: AAT migration reviews | Bridging visas
Build a compelling case: evidence and submissions #
The refusal letter identifies unmet criteria. Address each point with targeted evidence and a clear written submission:
- Address the exact criteria: Link your documents to the relevant regulation criteria that the decision-maker found unsatisfied.
- Provide new, strong evidence: This can include employment records, financial statements, academic transcripts, relationship evidence (e.g., statutory declarations), police checks, health results, or expert reports. For partner visas, supporting statements (e.g., Form 888) are commonly used.
- Explain inconsistencies: If there were gaps or discrepancies, provide a timeline and documentary proof.
- Certified translations: Translate non-English documents by accredited translators and provide certified copies where required.
- Consider an FOI request: You can request your Home Affairs file to see case notes and documents considered at refusal.
Resource: Home Affairs FOI
What to expect at the AAT hearing #
The AAT may decide on the papers or schedule a hearing (in-person, phone, or video). You can bring a representative, request an interpreter, and submit additional evidence before the hearing deadline.
- Be consistent and credible: Answer questions directly and refer to your evidence.
- Prepare a concise statement: Highlight how you now meet each criterion and why the refusal should be set aside.
- After the hearing: You will receive a written decision. Outcomes include: affirm (refusal stands), set aside and substitute (new decision), or remit to Home Affairs for reconsideration with directions.
If the AAT decision is negative: your next steps #
- Judicial review: A federal court can review for jurisdictional error (e.g., unfair process, wrong legal test). New evidence of merits is generally not allowed. Seek urgent advice due to strict filing deadlines.
- Ministerial intervention: Only for unique, compassionate, or compelling circumstances in the public interest and typically after review options are exhausted. Not every case is suitable.
- Re-application: If eligible, correct the deficiencies that led to refusal. Consider timing, any bars, and your current visa status.
Common pitfalls to avoid #
- Missing the AAT deadline (no extensions permitted).
- Submitting generic evidence that does not address the actual refusal reasons.
- Relying on unsupported personal statements without documents.
- Ignoring English translation and certification requirements.
- Assuming judicial review will “re-hear” your case on the facts—it won’t.
Quick checklist to improve your chances #
- Confirm review rights and deadline in your refusal letter and on the AAT website.
- Lodge the AAT application and pay the fee on time.
- Request FOI (if needed) to understand the case file.
- Prepare precise submissions addressing each failed criterion with documentary proof.
- Organise witness statements and expert evidence early.
- Attend your hearing fully prepared; bring originals if requested.
Get professional help from Skills Campus #
Challenging a refusal requires accuracy, timely action, and tailored evidence. Skills Campus helps students, skilled professionals, and families understand refusal reasons, prepare robust submissions, and manage AAT reviews and related pathways with confidence.
Discuss your situation with our experienced team: https://skillscampus.com.au/contact
Important: Always refer to official sources for current rules and fees: Home Affairs and the AAT.
