If your visa application is initially refused, don't be put off. Many rejections can be overturned at the Administrative Appeals Tribunal (AAT), for defendable reasons such as failing to provide enough information, giving the wrong information, or not meeting the visa conditions or health or character requirements. In our experience, these situations most often arise when the visa application is self-managed.
Applying for a Review
It's important to note that applications for review at the AAT are subject to extremely strict time limits. In most cases, if you do not make the application within the time period specified in your letter of refusal, you will not be able to have your matter reviewed.
To apply for review, you'll need to complete the relevant paperwork, and you may also be asked to attend a hearing, which is similar to a court hearing, though more informal. During the hearing, you will have the opportunity to tell the Tribunal about your visa application, and why you think your visa was wrongly refused.
Managing an AAT review from South Africa is complex and arduous, and requires strong legal support. You only get one chance at a review, so it is essential that you prepare the best possible application with all the relevant supporting material. Pathway's qualified and cost-effective Australian legal team are perfectly placed to assist you in applying for and conducting your review.
What Happens If You're Successful?
If the AAT agrees that the facts and circumstances of your case should not have led to the refusal of your visa, the Tribunal may order that:
- the original decision is void;
- the decision be sent back to the Department of Immigration and Border Protection (DIBP) for reconsideration, taking into account any recommendations or findings of the Tribunal; and/or
- the decision be varied.
If your visa application has been rejected, contact our professional team immediately for assistance.