Appealing a Health-Related Visa Refusal in Australia

Receiving a visa refusal on health grounds is not the end of the road. In many cases, you have a right to appeal to the Administrative Appeals Tribunal (AAT) — and the AAT can reach a different decision from the DHA.

When You Have a Right of Review

Whether you have a right of review depends on the visa type and the basis for refusal:

Usually a right of review:

• Partner visas (819/820, 300/309)
• Other family visas
• Some skilled visas (186, 189, 190)
• Student visas in some cases

Limited or no right of review:

• A subclass 482 (TSS) refused on health grounds (depending on the case)
• Visitor visas
• Some decisions made by the Minister

The DHA must advise you of any right of review in the refusal letter. Read the refusal letter carefully to determine whether you have a right of review.

Time Limits for Review

The time limit for review is critical and strict:

• Usually 21 days from the date you receive the refusal letter (if you are in Australia)
• Usually 70 days if you are outside Australia

Missing the time limit means losing your right of review. If you receive a refusal letter, act immediately.

The Process at the AAT

1. Lodge your application for review within the time limit (online or by post)
2. Pay the review fee (which may be refunded if you succeed)
3. Prepare your case: new medical evidence, expert opinions, letters from family
4. Hearing: the AAT may hold an in-person hearing or decide on the documents
5. Decision: the AAT makes a ruling — it may affirm the refusal, or reach a different decision

New Evidence at the AAT

Unlike many appeal systems, the AAT accepts new evidence — it does not only review what was lodged with the DHA. This is an important opportunity to provide:

• More up-to-date medical reports
• An opinion from a second medical specialist
• Evidence that actual treatment costs are lower than the DHA’s estimate
• Letters from family demonstrating compassionate circumstances

Review Strategy

Appealing health cases at the AAT typically requires:

1. A migration lawyer (not only an agent) — because this is a legal procedure
2. A medical specialist to give evidence on prognosis and actual costs
3. Legal argument about how the DHA applied the law (where there has been a procedural error)

You should not handle a health-case appeal on your own — the cost of engaging a lawyer is generally far smaller than the value of the visa.