What should you do if your visa application is refused? It can be a frustrating and overwhelming experience. However, it does not have to be the end. There are legal avenues available to review or challenge the decision. Speaking with a registered Australian migration agent is a recommended first step. They can help you understand how the review and appeals process works to help you navigate the next steps in the process. Whether lodging an appeal with the Administrative Review Tribunal (ART), which replaced the previous tribunal called the Administrative Appeals Tribunal (AAT), or considering ministerial intervention in rare cases, timely action and guidance from an experienced agency can provide meaningful support during the process.
This guide outlines what applicants can expect during the appeals and review process.
There are multiple reasons why a visa application can be rejected. Knowing why yours was refused and taking appropriate action is the next step. Some of the most common reasons for protection visa refusals include the following.
Supporting documentation plays a critical role in protection visa applications. Without proper proof that you have a well-founded fear of persecution or a real risk of severe harm in your home country, your application may not meet the requirements for approval. A good migration agent can help you collect clear, solid, and verifiable evidence, such as:
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Your application must be consistent and credible, which can be more challenging than you may think. Many applications are refused because of small discrepancies in the applicant’s story. This could include conflicting information, either within the application or compared to previous claims, mismatched timelines, locations, or the nature of the persecution.
Fear of persecution is subjective until you can prove it is objective. Some applications are refused because authorities, after their verification, do not deem the conditions in your home country dangerous enough to meet the legal definition of a refugee or person in need of complementary protection. Even if you were harmed in the past, the authorities reserve the right to determine whether the risk is still present or not.
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A visa refusal does not necessarily mark the end of your options. You have the option to lodge a review application with the Administrative Review Tribunal (ART). After you file for a review, you can expect the ART to conduct an independent review of visa-related decisions that are made by the Department of Home Affairs. An experienced migration agent can assist you in making a strong application. They can help you file for an appeal, draft your submissions, and represent you in the appeal itself.
Each case is unique, and the timelines vary depending on the complexity of a case and the workload of the ART. ART reviews for a protection visa can take several years. While your review is being processed, you are usually allowed to remain in Australia lawfully. Here are some things to know about different timelines.
If the appeal is still unsuccessful, you and your migration agent may consider other options. These options may include requesting ministerial intervention or leaving Australia voluntarily.
Understandably, after a visa application refusal, you may feel like there is nothing left to do. However, a visa refusal does not automatically end your case, as there are still elements of the decision that may be subject to review or clarification. Here are a few elements you may challenge:
An experienced migration agent can assess the refusal decision. They will review your entire case, including your circumstances and the evidence you provided, and devise an action plan. You can expect the migration agent to support you through every stage of the review and appeals process. Please note that it may be necessary for your agent to refer you to an Australian migration lawyer if you need to go to court.
In limited cases, applicants may request ministerial intervention as a final option. However, the circumstances must be exceptional, and the power to do so is discretionary.
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Getting a letter saying that your visa application is denied is never easy. However, you do not have to face it alone. Protection Visa Australia can provide assistance throughout your appeals process. Whether you are appealing to the ART or considering the possibility of ministerial intervention, obtaining early advice from our registered migration agents can support a more informed application strategy.
We understand the stress, urgency, and emotional toll these cases take, and we provide step-by-step guidance through the process.
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