I Missed the 28 Day Window to Appeal My Visa – What are My Options?
You found out that your visa application has been refused or your current visa has been cancelled. When such a decision is made by the Department of Home Affairs (DoHA) and you are in Australia, applicants typically have a limited 28-day period to seek merit review to appeal the decision to the Administrative Review Tribunal (ART).
But missing this timeframe to appeal can lead to visa consequences that can affect your ability to remain in or return to Australia. If you’ve found yourself in this difficult situation, you are likely to think if there are any visa options.
The Importance of Appealing Within the Timeframe
When your visa is refused, your ongoing bridging visa that allows you to stay lawfully in Australia will then automatically trigger an expiry date, which is often 35 days from the date of refusal. As for visa cancellation individuals, their visa status will be automatically ceased.
The 28-day period is your opportunity to seek a merits review of the decision with the ART and buy more time to figure out a visa pathway to meet your visa goals. If you miss this deadline, you will generally lose your right to an appeal at the ART.
Note: NOT all visa decision has a 28-day appeal day period, ensure to read through your visa decision letter properly and seek professional assistance.
What are the Consequences of Missing the Appeal 28 Day Deadline?
If you do not appeal within 28 days and remain in Australia after the bridging visa expires (after 35 days), you become an unlawful non-citizen. This can lead to detention and possibly a removal or deportation from Australia.
Missing the appeal timeframe leaves a permanent record on your immigration history. Depending on the circumstances, you may trigger visa bans due to a visa refusal or cancellation. This can complicate future visa applications.
Public Interest Criteria (PIC) 4013 typically imposes a 3-year exclusion period for individuals who were cancelled.
Public Interest Criteria (PIC) 4014 applies if the individual decided to leave Australia, while holding a Bridging Visa C “BVC” (Subclass 030), Bridging Visa D “BVD” (Subclass 040); Bridging Visa E “BVE” (Subclass 050) or an unlawful non-citizen (not holding a visa), will be impose a 3-year re-entry ban.
The appeal process allows you to present new evidence, challenge assumptions made by DoHA or clarify any misunderstandings. By missing this opportunity, you lose a direct avenue to overturn the decision.
If you are in Australia and your visa was refused or cancelled, and you are not holding a substantive visa, you may also be subject to the Section 48 Bar, which prevents you from applying for most other visas onshore in Australia.
What Can I Do Now? (Limited Options)
While options are restricted and limited after missing the appeal window, it is not entirely hopeless. Your next visa pathway will heavily depend on your specific circumstances, and we highly suggest that you speak with an Accredited Specialist in Immigration Law for tailored advice and guidance:
You may still be eligible to apply for a very few specific visa subclasses that are exempt from the Section 48 Bar.
You may seek Ministerial Intervention to intervene in your case based on new compelling and/or compassionate grounds, and it is typically a last-resort option. The discretion is entirely up to the Minister. Recently, the Ministerial Intervention process has been updated which limited to a few circumstances that are eligible to request for it.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
What is the Difference Between Merits Review and Judicial Review?
What Happens If I Have a Pending ART Review and Want to Apply for a New Visa?
How Can Agape Henry Crux Help
If your situation aligns with any of the mentioned circumstances, seeking legal advice on your next visa pathway is recommended. At Agape Henry Crux, we are spearheaded by two Accredited Specialists in Immigration Law who specialise in handling complex cases. The team of immigration lawyers can assist you in exploring the best options to meet your visa goals. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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