Australia Visa Refusal Appeal: Sample

Your Australian visa application was refused or your existing visa was cancelled, and you need to seek review or appeal. Here are the most common scenarios: - Student visa (subclass 500) refused for GTE requirement: The Department determined that you are not a genuine temporary entrant - meaning they suspect your real intention is to remain in Australia permanently rather than to study temporarily. This assessment considers your circumstances in your home country, immigration history, value of the course to your future, and other relevant matters as outlined in Ministerial Direction 69. A successful AAT review should present strong evidence of your genuine study intentions: a clear career plan showing how the Australian qualification will benefit you in your home country, evidence of ties to your home country (family, property, employment prospects), a reasonable course progression, and adequate financial capacity. - Partner visa (subclass 820/801) refused for relationship genuineness: The Department was not satisfied that your relationship with your Australian sponsor is genuine and continuing, as required by regulation 1.15A. This regulation examines four aspects of the relationship: financial aspects (shared finances, joint accounts, shared expenses), the nature of the household (living arrangements, shared responsibilities), social aspects (recognition by friends, family, and community), and the nature of commitment (knowledge of each other, future plans). The AAT review allows you to present additional evidence of your relationship, including statutory declarations from friends and family, additional photos and communications, evidence of shared financial commitments, and in many cases the tribunal will conduct a hearing where both partners are interviewed. - Student visa cancelled for condition 8202 breach: Your student visa was cancelled because you failed to maintain satisfactory course attendance (minimum 80%) or satisfactory course progress. Common circumstances include: illness or injury that affected attendance, family emergencies requiring travel, mental health issues, financial difficulties, or being enrolled in the wrong course. The AAT can set aside the cancellation if you can demonstrate compelling and compassionate circumstances, that you are now attending and progressing satisfactorily, and that you have a genuine intention to continue your studies. - Skilled visa refused for skills assessment or English language: Your employer-sponsored or skilled migration visa was refused because your skills assessment was not positive, your English language test scores did not meet the required threshold, or your nominated occupation did not match your qualifications and experience. The AAT can review whether the Department correctly applied the relevant criteria, and you may be able to submit updated skills assessments or language test results. - Visa refused or cancelled on health grounds: The Department determined that you or a family member do not meet the health requirement, typically because of a condition that would likely result in significant cost to the Australian community (the health waiver threshold is approximately AUD 51,000 over 10 years) or would prejudice access to healthcare services for Australian citizens and residents. For some visa subclasses, a health waiver is available, and the AAT can assess whether the waiver should be granted considering factors like compassionate circumstances and the extent of the health cost. - Character cancellation under section 501: Your visa was cancelled or refused on character grounds, usually due to a criminal conviction resulting in a sentence of 12 months or more. Section 501 cancellations have a separate review pathway and are among the most serious immigration decisions. If cancelled by a delegate, you can apply for revocation; if cancelled by the Minister personally, limited review options exist. - Visitor visa refused while in Australia: You applied for a visitor visa (subclass 600) to extend your stay in Australia and the application was refused. This is reviewable at the AAT if you were in Australia when the decision was made and held a substantive visa at the time of application. The bridging visa provisions allow you to remain in Australia while the AAT review is pending.