Student Visa Refusal Appeal Process – How to Appeal a Visa Rejection?

Has your student visa or visa extension application been rejected? Are you currently based in Australia? Are you an international student and need to appeal to the Administrative Appeals Tribunal (AAT)?

If your answer is “yes”, read on for some helpful information.   

Application for student visas may be refused despite a student’s good grades and qualifications, good background, possession of valid passport, and sufficient financial means to support their stay in Australia. Sadly, visa refusal may negatively impact a student’s future aspirations.

A case of visa refusal may be appealed to the AAT for review depending on your eligibility. If you still hold a valid visa, you may be eligible to apply for a new student visa. You may be able to do this on your own or engage an immigration lawyer to handle your matter. An immigration lawyer will be able to draft the necessary documents required for your application.

The process of appeal to the AAT

If your student visa is refused while you are in Australia, here are a list of steps you can take to appeal to the AAT. As the process can be time consuming, you need to be patient.

• The first step in this process is to submit your appeal to the AAT. You must ensure that the application is submitted within the time limits set by the legislation.
• Pay the designated fee.
• Draft a comprehensive submission with detailed information for the AAT.
• Provide further information to the AAT as sought.
• Once all the required documents are received, AAT will set a hearing date.
• You may or may not be required to attend the hearing depending on your case.
• On the date of the hearing, you must have your files and other documents handy so that information can be provided to the AAT member as needed.
• The AAT will make its decision.
• Depending on the outcome, you may be eligible for the refund of the fees.

What can you do if you do not agree with the AAT’s decision?  

If you do not agree with the decision of the AAT, you may be able to appeal the decision. 

Federal Circuit and Family Court– In some cases, an appeal can be made to for a judicial review if the issue relates to a question of law. An appeal to the Federal Circuit and Family Court must be made within 35 days after the date of the court’s decision.

Ministerial Intervention – Make a submission to the minister for their intervention.

It is recommended to carefully collect all the evidence that have led to visa refusal in the first place. You must evaluate your errors and make sure that you do not repeat the same.