A visa refusal is not necessarily the end of the road. Our migration lawyers provide expert representation before the Administrative Appeals Tribunal and the Federal Circuit and Family Court of Australia.
If the Department of Home Affairs has refused your visa application or cancelled an existing visa, you may have the right to seek a review of that decision. At SDA Immigration Lawyers, we provide strategic and thorough representation across all stages of the Australian immigration review and appeals process.
Time limits are strict — in most cases you have only 21 days from the date of the decision to lodge a review application. Acting quickly is critical. We advise on your options promptly and move without delay to protect your rights.
The AAT's Migration and Refugee Division conducts independent merits review of decisions made by the Department of Home Affairs. This means the Tribunal looks at the case afresh — it can consider new evidence and can substitute its own decision for the original decision. The AAT can:
We prepare comprehensive submissions, gather supporting evidence, and represent clients at AAT hearings. Strong preparation significantly improves outcomes at review.
If the AAT affirms a refusal, or in cases involving jurisdictional error by the AAT itself, judicial review in the Federal Circuit and Family Court may be available. Unlike merits review, judicial review is concerned with whether the decision-maker made a legal error — it does not involve re-examining the merits of the case on the facts. Grounds of judicial review include:
We work with experienced migration barristers on complex judicial review matters and advise clients honestly on the realistic prospects of success at each stage.
In certain circumstances, the Minister for Home Affairs has the power to intervene and substitute a more favourable decision, even where the AAT has upheld a refusal. This discretion is typically exercised in cases involving compelling and compassionate circumstances. We advise on whether a ministerial intervention request is appropriate and can assist in preparing a compelling submission.
We assess your refusal decision immediately, advise on available review pathways, and lodge your AAT application before strict time limits expire.
We obtain all relevant documents, analyse the grounds for refusal, and gather new evidence to address every issue raised by the Department.
We prepare written submissions and represent you at any AAT hearing, presenting your case with clarity and legal rigour.
Whatever the outcome, we advise on any further options available, including judicial review, ministerial intervention, or a new application.
The time limit depends on the visa type and where you are located. For most onshore refusals, you have 21 days from the date of the decision letter. For offshore refusals, the time limit is typically 28 days. Some visa refusals have even shorter timeframes. Contact us immediately upon receiving a refusal — do not wait.
If you are in Australia and lodge an AAT review application within the required timeframe, you may be entitled to a bridging visa that allows you to remain lawfully in Australia while the review is underway. The type of bridging visa and its conditions depend on your circumstances. We advise on this at the time of lodgement.
Merits review (at the AAT) involves looking at the case from scratch — the Tribunal examines all the facts and evidence and can make a new decision. Judicial review (in the Federal Circuit and Family Court) does not re-examine the merits; it looks only at whether the decision-maker made a legal error in how they reached their decision. Both have different prospects depending on the nature of the refusal.
Yes. The AAT conducts a merits review and can consider new evidence that was not before the Department when the original decision was made. This is often the most valuable aspect of the review process — we use the opportunity to address deficiencies in the original application and build a stronger case for approval.
If the AAT affirms the refusal, further options may include judicial review in the Federal Circuit and Family Court (where there are grounds of legal error), a ministerial intervention request, or a fresh visa application where circumstances have changed. We advise on the realistic prospects and most appropriate pathway following any AAT decision.
Don't wait — time limits are strict. Speak with our migration lawyers today about your review options.