WHV Refusal Follow-up Guide — AAT Appeal + MARA
Step-by-step coverage of WHV refusal reason analysis, AAT appeal procedure, reapplication vs appeal comparison, and general MARA-registered lawyer guidance.
Refusal Reason Analysis
Department of Home Affairs notifies you of refusal reasons via a letter. Correctly interpreting this letter is the first step. Five common reasons:
- Insufficient funds — minimum AUD 5,000 (proof required), AUD 10,000+ generally recommended
- GTE (Genuine Temporary Entrant) intent doubts — weak SOP / failure to demonstrate intent to return
- Health screening failure — TB, HIV, etc. (PIC 4005/4007)
- Criminal record — character requirement (PIC 4001) failure; 12-month+ sentences trigger automatic refusal
- Prior visa breaches — overstay, student-visa attendance breach, prior refusals
AAT (Administrative Appeals Tribunal) Appeal
If you contest the refusal, you can apply to the AAT. Strict timing + cost apply.
- Application deadline: within 21 days of receiving refusal letter (miss = no appeal)
- Application fee: AUD 1,949 (2026 rate, increases yearly)
- Processing time: average 6-12 months (complex cases 18+ months)
- Success rate: ~30-40% (varies by reason)
- Hearing format: paper + oral hearing (Sydney/Melbourne/Brisbane/Perth)
Bridging visa is automatically issued upon AAT lodgement → you can stay in Australia until decision. Departure cancels the appeal.
Reapply vs Appeal Comparison
- Reapply recommended: at least 3 months after refusal + reason can be remedied
- Reapply cost: government fee AUD 650 + (if needed) MARA lawyer fees
- Appeal recommended: clear factual error / policy interpretation issue / new evidence
- Appeal cost: AAT fee AUD 1,949 + MARA lawyer avg AUD 3,000-8,000
- Strategy: simple remedies (funds/SOP) → reapply; policy disputes → appeal
MARA-Registered Lawyer Referral
MARA (Migration Agents Registration Authority) is the Australian government registry of legal migration consultants. Using non-registered consultants carries fraud risk — always verify the registration number.
- MARA registration number: searchable at mara.gov.au (e.g., 1234567)
- Lawyers who speak your language: many in Sydney, Melbourne and Brisbane
- Initial consult: free or AUD 100-200 (1 hour)
- Full case: refusal follow-up averages AUD 3,000-8,000 (complexity varies)
- AUWith policy: this guide provides general information only — no specific lawyer referral (ACL §18 compliance)
Disclaimer
This guide is for general information only and is not legal advice on individual cases. Quick consultation matters after a refusal — recommend speaking directly with a MARA-registered lawyer or Registered Migration Agent. Government info: immi.homeaffairs.gov.au; AAT: aat.gov.au; MARA search: mara.gov.au.
Frequently Asked Questions
Appeal or reapply — which is better?
Depends on the refusal reason. Remediable reasons (funds/SOP) — reapply is faster and cheaper. Policy interpretation or factual disputes — appeal is preferable. Decide via MARA lawyer initial consultation.
How long does AAT processing take?
Average 6-12 months; complex cases 18+ months. Bridging visa issued upon application lets you stay in Australia until decision.
How much does a MARA lawyer cost?
Initial consult AUD 100-200 (1 hour). Full refusal follow-up case AUD 3,000-8,000, varying with complexity and appeal vs reapply. Recommend comparing 2-3 quotes.
Can I apply for other visas (student, tourist) after refusal?
Yes, but the refusal record affects other applications. PIC 4020 (false information) reasons trigger 3-year ban. First check whether the refusal letter cites PIC 4020.
What's the impact of PIC 4020 (Australia entry ban)?
PIC 4020 applies a 3-year ban on Australian visa applications (except certain family visas). Triggered by false statements / fake documents. Strict — appeals require a MARA lawyer.