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Australia Visa Appeal for Indians

Appealing your Australia visa rejection can be difficult. The option is limited to tourists who are in Australia physically or have Australian sponsors.

If you don’t meet this requirement, your other option is to reapply.

This guide on Australia visa appeal for Indians compares the AAT appeal process with the faster reapplication route, breaking down processing times, costs, and success rates for each visa subclass.

Should You Appeal Your Visa Rejection? Or Apply for a New Application?

Compare appeal and reapplication ways to determine the most suitable option.

Aspect Visa Rejection Appeal File New Application
Cost AUD 3,000 (AAT application fee) AUD 145
Timeline 12-18 months 15-27 days
Process 1. Submit the appeal to AAT within 28 days

2. Prepare comprehensive documentation

3. Pay appeal fee

4. Submit a written statement explaining the grounds

5. Provide new supporting evidence

6. Attend AAT hearing if required

7. Await tribunal decision

1. Start a fresh application online

2. Address previous rejection reasons

3. Submit enhanced documentation

4. Pay visa fee

5. Provide updated evidence

6. Complete health checks if needed

7. Wait for processing

Urgency Not suitable for immediate travel Good for planned travel
Success Rate 20-25% success rate

Why Appeal an Australian Visa?

Here are the Australia visa appeal requirements for Indians:

  1. You are required to submit an appeal letter within 14 days of the visa rejection.
  2. You need to submit an original letter with the applicant’s original signature.
  3. It must be submitted in person or by mail (not via email).
  4. The appeal must include the applicant’s name on the Australia visa appeal formal letter.
  5. The letter must state the reasons why the applicant considers the rejection wrong.

Suggested Read: Australia Visa for Indians

Eligibility for an Australia Visa Appeal

The AAT appeal process has specific eligibility criteria that must be met before proceeding.

  • You can appeal your Australia visa rejection within 28 days of receiving it.
  • Have substantial grounds to challenge the decision with new or additional evidence
  • There is no history of providing false information or fraudulent documents
  • Can demonstrate the ability to pay the AUD 3,000 appeal fee
  • Meet the basic visa eligibility requirements, including:
    • Good character and no security concerns
    • Valid passport with at least 6 months of validity
    • Proof of sufficient funds
    • Strong ties to home country
    • Purpose of visit

Australia Visa Appeal Fees

Appeal costs include mandatory tribunal fees and optional professional service charges.

Essential Fees

  • Administrative Appeals Tribunal (AAT) Review: AUD 3,000
  • Reduced Fee (Financial Hardship): AUD 1,500
    • Must provide proof of financial hardship
    • Subject to AAT approval

Optional Professional Services

  • Legal Representation: AUD 1,500-3,000
    • Case review and preparation
    • Appeal letter drafting
    • AAT hearing representation
  • Document Processing: AUD 200-500
    • Authentication of documents
    • Translation services
    • Certification of copies

Step-by-Step Guide to Filing an Australia Visa Appeal

The appeal process follows a structured timeline from submission to final decision.

  1. Fil your appeal within 28 days of receiving the refusal notice (only applicants in Australia or those with Australian sponsors can appeal).
  2. Lodge an application with the Administrative Review Tribunal (ART) by completing their official review application form.
  3. Pay the appeal fee of AUD 3,000 (a 50% reduction may be available for financial hardship cases).
    • Submit supporting documentation addressing each refusal reason, including:
    • Original visa refusal notification
    • Passport copy
    • Updated financial documents
    • Evidence of ties to home country
    • Travel history records
    • Return travel plans.
  4. Receive an acknowledgment letter from ART confirming your appeal application.
  5. Wait for ART to obtain your Department of Home Affairs case files.
  6. Provide any additional documentation if requested during the review process.
  7. Attend any scheduled hearings to present your case if required.
  8. Wait for the appeal decision (current processing times: 382 days for 50% of cases, 482 days for 95% of cases)
  9. Consider seeking assistance from a registered migration agent to increase your chances of success.

Suggested Read: Australia Visa Rejection for Indian

Appeal Letter for Australian Visa Refusal

Use this Australia visa appeal letter format for Indians to appeal the refusal decision. Here’s everything you need to include:

Date: [Current Date]

Administrative Appeals Tribunal

GPO Box 9955

[City, State]

Australia

Subject: Review Application for Tourist Visa Refusal

Reference Number: [Your Visa Application Number]

Dear Tribunal Member,

Personal Information

  • Full Name: [Your Name]
  • Passport Number: [Number]
  • Date of Birth: [DOB]
  • Nationality: [Your Country]
  • Contact Address: [Your Address]
  • Email: [Email]
  • Phone: [Phone Number]
  • Visa Application Date: [Date]
  • Visa Refusal Date: [Date]
  • Purpose of Visit: Tourism

Suggested Read: Australia Visa Photo Requirements for Indian

Refusal Grounds and Response

I am writing to appeal the decision to refuse my Tourist visa (subclass 600) application. The refusal notice cited [specific reasons from your refusal letter]. I respectfully disagree with this assessment because [provide specific counter-arguments with evidence].

Supporting Arguments

I have carefully addressed each concern:

  • Financial Capacity: [Details of your financial position]
  • Genuine Tourist: [Evidence of travel history/planned itinerary]
  • Ties to Home Country: [Employment/family/property details]
  • Return Travel: [Confirmed return arrangements]

I have attached all relevant supporting documents and am available for any additional information the Tribunal may require.

Yours sincerely,

[Your Name]

[Contact Details]

Understand the Rejection Reason

Carefully read the rejection notice to understand the reason for the denial. Some frequent reasons for Australia visa refusals are incomplete or inaccurate documents, insufficient proof of strong ties to your home country, and inadequate funds.

By When Can I Submit the Appeal?

For Australia, it is 28 days from the date of the visa rejection letter.

How Can I Submit?

Lodge an application with the Administrative Review Tribunal (ART) by completing their official review application form.

Australian Visa Appeal Documents for Indians

  • Completed Application for Review form (from ART website)
  • Appeal fee payment receipt (AUD 3,496)
  • The original visa refusal notice
  • Passport copy (all pages with stamps)
  • Updated bank statements
  • Employment contract/leave approval
  • Property ownership documents
  • Travel itinerary
  • Accommodation bookings
  • Previous travel history evidence
  • Family ties documentation

Follow-up Process

Track your appeal through:

  • ART reference number
  • Online portal at ART website
  • Phone: 1800 228 333 (within Australia)
  • Email: [Official ART email]

Processing timeframe: 382-482 days for tourist visa appeals.

Suggested Read: How To Check Australia Visa Status Online

Why Choose OneVasco?

Why Choose OneVasco?

FAQs

How can an Indian appeal an Australian visa rejection?

For Tourist visas (subclass 600), Indian applicants can only appeal if they are onshore or have an Australian sponsor.

  • Submit your appeal to the Administrative Appeals Tribunal within 28 days.
  • Submit Form M1, rejection letter, new evidence, and AUD 3,000 fee.
  • Provide additional documentation proving financial stability, travel intentions, and ties to India.

Is there a fee for filing a visa appeal?

Yes, the standard AAT appeal fee is AUD 3,000. Reduced costs of AUD 1,500 are available for financial hardship cases with proper documentation.

What should I include in my visa appeal letter?

Your appeal letter must include your full name, passport number, application reference number, and detailed response to each rejection reason.

Provide new evidence, explain changes in circumstances, and demonstrate strong ties to India.

What is the time limit for appealing an Australian visa rejection for Indians?

The strict deadline is 28 days from the rejection notice date. Tourist visa (subclass 600) appeals must reach AAT within 28 calendar days.

Will appealing or reapplying affect my chances in the future?

A well-documented appeal won’t negatively impact future applications. However, multiple rejected appeals may affect future visa chances.

Should I hire an immigration lawyer or visa consultant for my appeal?

Due to complexity, professional assistance is recommended for Tourist visa (subclass 600) appeals. Choose registered migration agents with proven Australian visa appeal experience. Cost ranges from AUD 1,000-3,000 based on case complexity.

What documents are needed for an Australian visa appeal by Indians?

Tourist visa appeals require comprehensive financial documentation, employment proof, and travel history. All appeals must include Form M1, rejection letter, appeal fee receipt, and new supporting evidence addressing rejection reasons.

How long does it take for an Australian visa appeal decision for Indians?

Tourist visa appeals typically take 12-18 months. Current processing times are 382 days for 50% of cases and 482 days for 95%.

What if my visa appeal is rejected again?

After AAT rejection, options include a Federal Circuit Court appeal (within 35 days, costs AUD 3,000+), a new visa application with more substantial documentation, or exploring alternative visa categories.

What are the chances of success in an Australian visa appeal for Indians?

Success in an Australia visa appeal for Indians depends on the reasons for rejection and the strength of your appeal letter and supporting documents. For Tourist visa appeals, success rates are approximately 20-25%.