Visa refusal appeals (Administrative Review Tribunal)
The Administrative Review Tribunal (Tribunal), formerly the Administrative Appeals Tribunal, can conduct “merits review” of certain decisions by the Department of Home Affairs to refuse to grant a visa application. The Tribunal is an independent body from the Department of Home Affairs, who will consider visa applications afresh. They are not bound by the decision made by the Department, and will consider each case on their own merits. Most visa refusals are appealed to the Tribunal. This may be a suitable avenue for those who disagree with a visa refusal decision.
Visa refusal considerations
- When a person has had a visa application refused, there are certain things they may need to consider.
- Depending on their circumstances this includes their immigration status (and ability to stay in Australia), their ability to apply for other Australian visas, and whether they can appeal the visa refusal to the Administrative Review Tribunal.
- We have an article with further details about this here.
Tribunal powers
- The Tribunal has the power to affirm the decision – meaning the Tribunal confirm the decision to refuse the visa.
- The Tribunal has the power to vary the decision – meaning the Tribunal can change the Department’s decision (whether or not it reaches the same conclusion).
- The Tribunal has the power to remit the matter for reconsideration with certain directions/recommendations – meaning the Tribunal send the decision back to the Department with certain instructions that must be followed.
- The Tribunal has the power to set the decision aside and substitute a new decision – as the name implies, the Tribunal change the Department’s decision with one that it finds appropriate.
Administrative Review Tribunal
- The Administrative Review Tribunal is an independent body that provide merits review of a wide range of decisions made by the Australian Government.
- This also includes decisions to refuse to grant visas (including Protection visas), as well as decisions to refuse nominations or sponsorships.
Review applications
- When an applicant receives a visa refusal, they may disagree with the decision for a number of reasons – this could include that the decision-maker didn’t consider their circumstances or evidence properly, applied the law incorrectly, or gave more or less weight to certain considerations.
- In addition to disagreeing with the visa refusal decision, a visa refusal can have other consequences for an applicant including having to leave Australia within certain days, having a visa refusal on their record, and potentially excluding them from applying for further visas to Australia.
- Please see our “Process” tab for information including: how to appeal the visa refusal, the processing times, and what to expect during the appeals process.