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Types of Visas
Appealing Visa Decisions: Your Options and Process
In cases where your visa application is denied or withdrawn, you may have the option to appeal the decision through the governing body, previously known as the Administrative Appeals Tribunal (AAT), which functions as a merits review tribunal.
However, it’s important to note that the governing body has its limitations. Not all decisions can be reviewed by the tribunal. For example, decisions made by the Minister for Immigration under section 501 of the Migration Act 1958 cannot be appealed to the governing body.
The review tribunal can deliver the following outcomes upon reviewing your case:
- Affirm: If the tribunal agrees with the Department’s decision to deny or revoke your visa, the original decision stands.
- Set Aside: This decision occurs when the governing body believes that the Department’s decision requires amendment. The governing body has the authority to substitute a fresh judgment for the initial decision.
- Remit: In cases where the governing body deems that the Department’s decision needs re-evaluation, the decision is remitted. The department must re-examine the application based on the AAT’s recommendations.
- No Jurisdiction: This signifies that the governing body lacks the power or authority to review the department’s decision.
Keep in mind that the rejection or cancellation letter you receive will specify a deadline for filing an appeal. Adhering to this deadline is crucial, as failing to do so could result in the forfeiture of the opportunity to have your application reviewed.
While your application is under review, you might be granted a Bridging Visa, which typically maintains the same conditions as your previous visa, such as work and study permissions. This allows you to stay in Australia during the review process, providing a level of continuity and stability.
Navigating the appeal process requires attention to deadlines and a thorough understanding of your rights and options. Seek legal advice if needed to ensure that you have the best chance of a successful appeal.