Did you know you may be able to challenge a declined visa application?

Publish Date: Jul 07, 2015

Applying for a visa to move to Australia is an important legal process, so it's vital to have the right advice from an immigration lawyer. However, there are also times when this application may be rejected by the Department of Immigration and Border Protection (DIBP).

Just because a visa application is declined doesn't mean that you cannot challenge the decision, and there are still avenues you may be able to have this overturned.

A refused application for a visa will usually be due to a number of common issues that can arise. For example, a visa application may have involved complex legal considerations that counted against the applicant. On the other hand, the DIBP may not have sufficient information to grant a visa.

In the event a visa application is refused, individuals have the opportunity to challenge the judgement through a number of different legal avenues.

The avenues are:

  • The Migration and Refugee Division of the Administrative Appeals Tribunal (AAT); and
  • The General Division of the AAT.

If these avenues also return a negative decision, applicants may then be able to appeal through the courts, in order to determine if the decision was made lawfully.

Can a visa be cancelled even after it is issued? 

Even after a visa has been issued, it is still possible for it to be revoked. This might occur if the information used to obtain the visa was incorrect or if the recipient hasn't complied with the conditions attached to the visa.

If this is the case, it may also be possible to challenge this decision through a tribunal or the courts. It's important to note that strict time limits apply in the event of a visa cancellation so individuals will need to pursue a course of action promptly to give them the best chance of success.

If you want to learn more about the process for challenging a declined visa application, or about the possibility for a visa to be revoked, make sure to contact an immigration lawyer. They will be able to advise on your future options and assist you to undertake any further action through a tribunal or alternative legal option.

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