Migration Law: Visa Denial and Appeal Process in Australia

Migration Law
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Contents
Question 1..................................................................................................................................2
Question 2..................................................................................................................................3
Reference List............................................................................................................................4
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Question 1
(a) There are certain issues under which the visa application of Jaspal may be refused. There
are three types of criteria that have to be matched by a person to grant a visa under this
category. This involves adequate documentations presented, verification of the character and
the medical fitness of the applicant. It is important that the person who is applying for the
temporary partner visa in subclass 820 is present in Australia while the decision regarding the
acceptance of the visa application has been made. The subclass 801/820 partner visa denial
letters is often issued with appeal rights. Thus it is a fact that not always the department is
right in denying an application for partner visa that is why they provide the applicant with the
right to have further appeal to be done against the decision of denial. However, the
application has to be made on administrative appeal tribunal or AAT. The visa applications
that are made on subclass 820/801 are liable to review in AAT hearing1. There is a certain
type of denial of partner visa that is not be appealed in the AAT. This involves the denial of
the visa on the ground of Section 501 that is ‘character’. In such situation it is mentioned in
the refusal letter that reapplication on this ground is not applicable.
(b) It is important to note the review appeal has been bounded by time limit by the AAT. In
case of denial of a subclass 801/820 partner visa the time limit for a re-application is
generally 21 days following the receiving of notification regarding the denial of the visa. The
administrative appeal tribunal is not likely to entertain any application post the time allotted
for the appeal application. The application is to be addressed by the Australian appeal
tribunal and it takes almost 18 months or more for the AAT to address the appeal
application2. As mentioned before the appeal has to be made in 21 days post the notification
of the denial of the visa appeal.
(c) The application fee in case of a denial of visa application is $ 1,731. In case the
application in the tribunal is successful, then half of the fees of application that is $ 865.5 is
returned to the applicant by the tribunal. In case the application fails there wil be no refund.
1 McDonald, Peter, S. E. Khoo, and B. Edgar. "The role of family migration in Australia’s permanent migration
program." Policy discussion paper’, report to the Department of Immigration and Citizenship (2013).
2 Stevens, Catriona. "Temporary work, permanent visas and circular dreams: Temporal disjunctures and precarity among
Chinese migrants to Australia." Current Sociology (2018): 0011392118792926.
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