Appeals against decisions of the Department of Immigration and Border Protection

Have you had a visa application refusal?

Are you unsure what avenues of appeal or appeals are available? If you lodge an application with the Department of Immigration and Border Protection (DIBP) for a visa and the application is refused, there will generally be mechanisms through which you can have this decision reviewed and through which you can make an appeal.

The avenues of appeal which are available will depend on the type of visa which was applied for, and whether you are currently onshore or offshore, however the refusal letter which you receive from the Department will outline the reasons for the refusal, and avenues that may exist through which you can appeal the decision, as well as the relevant time limits within which an appeal must be made. It is important to note that these time limits are strictly enforced, and the Tribunal hearing the appeal is unable to hear an appeal which is made out of time.

Previously, the body responsible for hearing an appeal against a Department decision would be either the Migration Review Tribunal (MRT) or the Refugee Review Tribunal (RRT), depending on the nature of the visa application. As of July 1 2015, the MRT and RRT were amalgamated with the Administrative Appeals Tribunal (AAT). Appeals that were previously heard by the MRT and RRT will now be heard by the Migration and Refugee Division of the AAT. It should be noted that while the appeal processes that were in place prior to July 1 remain, the amalgamated Tribunal does follow new practice directions, guides, guidelines, and forms to the old tribunals.

Appeals against visa refusals

If you require any immigration assistance regarding your visa application refusal or decision from the Department of Immigration and Border Protection, please don’t hesitate to contact our team of Registered Migration Agents.