A clear review strategy after an unexpected refusal

A visa refusal often arrives without warning, and the deadline to respond starts running straight away. In this illustrative case, a skilled professional living in Sydney received a refusal for an application they had expected to be granted. Their job, their home and their family's plans in Australia were suddenly uncertain.

This example shows how we approach a refusal. We review the decision record to understand exactly why the application failed. We check the strict time limit for seeking review. We then assess whether the best path is an appeal to the Administrative Review Tribunal, a fresh application, or another option. Finally, we build a strategy that addresses each of the decision-maker's concerns with the right evidence and submissions.

This is an illustrative example based on common situations. It is not an account of a specific client's matter. Every case is different, and past results do not guarantee a particular outcome. If you have received a refusal, contact us as soon as possible, as review deadlines are short and strictly applied.

The situation

A software engineer had lived in Sydney for several years with her husband and young daughter. She applied for a Skilled Nominated visa (subclass 190) with state nomination, confident that her application would be granted. Months later, she received a refusal. The Department was not satisfied with some of her claimed skilled employment, which reduced her points below the required score.

The refusal letter was brief, and the deadline to seek review had already started running. Her bridging visa, her job and her family's plans to stay in Australia all depended on what she did next. She wasn't sure whether to appeal, lodge a new application or look at another pathway.

Our approach

Our first step was to confirm the review deadline and make sure the application for review was lodged within time. This protected her rights and allowed her family to remain lawfully in Australia on bridging visas while the review was underway.

We then obtained the full decision record, so we could see exactly how the decision-maker had assessed her employment claims. The concerns came down to gaps and inconsistencies in the evidence, not the substance of her work. Several reference letters did not clearly describe her duties, and one overseas role lacked supporting payroll and tax records.

We worked with her to gather stronger evidence. This included detailed statements from former employers, payslips, tax records and bank statements, and an explanation of how her duties matched her nominated occupation. We prepared written submissions addressing each of the decision-maker's concerns and prepared her for the Tribunal hearing.

At the same time, we reviewed her other options, including employer sponsorship through her current employer, in case the review was not successful.

The outcome

In this illustrative example, the review is lodged within time and the family remains lawfully in Australia while it is decided. The Tribunal receives clear, consistent evidence that addresses each issue raised in the refusal. Where the Tribunal accepts that evidence, it may send the matter back to the Department to reconsider with its findings. The family also has a back-up plan, so their future does not depend on a single outcome.

This is an illustrative example based on common situations. It is not an account of a specific client's matter. Every case is different, and past results do not guarantee a particular outcome. If you have received a refusal, contact us as soon as possible, as review deadlines are short and strictly applied.