Have you had your visa refused – or perhaps you have had your visa cancelled? Are you wondering if you can submit a visa appeal? With 30 years of experience, Interstaff is regularly called upon to assist with complex Australian migration matters requiring a visa appeal with the Administrative Appeals Tribunal. Our team specialise in assisting with a visa appeal, visa cancellation or visa refusal. Our services include:
Our Registered Migration Agents servicing Perth, Melbourne and Sydney are highly experienced in assisting with the above complex issues and can engage the services of Immigration Lawyers if court proceedings are required. We understand having your visa refused or visa cancelled can raise a lot of questions, so we’ve provided some answers to common visa appeal questions below, which you may find helpful. Because the circumstances for a visa appeal are different for each case, it can be beneficial to seek professional advice if you’d like to proceed with a visa appeal with the Administrative Appeals Tribunal (AAT).
If you have had your visa refused or visa cancelled, you may be able to have the decision reviewed by the Administrative Appeals Tribunal through a visa appeal. Whether you can appeal the Department of Immigration’s refusal decision depends on whether your application meets several factors outlined in Australia’s migration legislation. This requires a detailed assessment, which can be a difficult task if you do not fully understand how Australian migration law applies to your case. That’s why it helps to have an experienced migration agent assess your circumstances to determine if you are able to appeal the visa decision.
Unfortunately, after having your visa refused the Department of Home Affairs requires you to act quickly if you are interested in appealing your visa decision and you will need to do so within the time-frame noted on your refusal notice to avoid being legally having to return to your home country. An experienced migration agent can provide you the direction to move forward with your visa appeal within the time-frame.
There are many possible reasons why your visa application could have been refused or why you have had your visa cancelled. Without a solid grasp of the visa process and requirements it is easy to mistakes, errors or misjudgements in your application without even realising it. Usually your refusal letter from the Department of Immigration will provide a brief explanation as to why your visa was refused. You may still however be unclear about why it was rejected and what may have lead the Department to reach their decision, which are very important pieces of information when considering a visa appeal. An assessment of your application by an experienced migration agent can help you understand why the Department refused your visa and whether you can appeal the decision.
There are a number of reasons a visa could be refused or why you could have had your visa cancelled, including insufficient evidence to support the claims made in the application or changes in government policy or if you have breached any visa conditions. The Department may also believe you will not meet the visa conditions or health and character requirements. It’s also important to remember any incorrect or false claims can lead to a visa refusal.
If you would like to appeal a visa decision you will need to go through the Merits Review process with the Australian Administrative Appeals Tribunal. The Administrative Appeals Tribunal (AAT) may have the power to review the decision on your visa. When you submit a visa appeal to review the decision to have your visa refused or visa cancelled, the AAT undertakes a merits review to assess your application in line with Australia’s migration legislation (specifically The Migration Act 1958 and the Migration Regulations).
Because the Administrative Appeals Tribunal reviews your application under the same laws used by the Department of Home Affairs, you will need to have enough evidence to demonstrate to the Administrative Appeals Tribunal that you meet the conditions and requirements of your visa. This requires careful consideration to ensure you are putting forward a strong case for an appeal to challenge the decision to have your visa refused or visa cancelled.
As part of the review process, the Administrative Appeals Tribunal will review the documents you provided for your original application. They will review the facts provided and the laws relating to the decision to make an independent assessment on whether your visa should be granted. During the process, the Administrative Appeals Tribunal may ask you to comment on the information provided to them and they may ask for further information. You may wish to consider nominating a registered migration agent to provide written submissions and evidence on your behalf.
Following this, the Administrative Appeals Tribunal may either believe they have enough information to decide on your case or they may invite you to present your argument at a hearing. Read our case study to understand how we assist with the visa application refusal process.
Once your application has been reviewed, the Administrative Appeals Tribunal will either affirm or change the visa decision made by the Department of Home Affairs or they could return your application to the Department to be reconsidered with specific directions. If your visa appeal is unsuccessful, you may have two further options – an Application to Federal Court or an Application for Ministerial Intervention. An Application for Ministerial Intervention involves requesting the Minister to review your case if you have very strong reasons for a further visa appeal. An application to Federal Court is usually done in limited cases if the Administrative Appeals Tribunal has made a legal error.
The visa appeal process requires meticulous attention to detail and a solid understanding of how Australia’s migration laws apply so that you can put forward a strong case for review. We understand it can be very stressful to have your future in Australia hanging in the balance, not to mention a time limit to prepare your appeal. If you have had your visa refused and are concerned about staying in Australia, there is no better time to consider getting professional advice from a migration agent. An experienced migration agent can provide valuable advice on how you can provide your evidence in a way that meets the requirements of the Administrative Appeals Tribunal.
Interstaff have over 30 years of experience and are known in the migration industry for our ability to assist with complex cases such as visa refusal and visa cancellation appeals. Challenging a visa decision made by the Department of Home Affairs is not an easy process, but our team has done so successfully countless times. If you are looking for a migration agent with decades of visa appeal experience, we would be happy to assist you. The first step is to contact us on 08 9221 3388 or firstname.lastname@example.org for a detailed assessment on your case to understand whether you can appeal your visa decision. As we are an ethical and responsible migration agency, we will advise with honesty and integrity if we believe you have a case for appeal.
“Thank you very much Interstaff for all your effort, hard work, professionalism and your positive approach to our extremely difficult case. Nathan and I will be forever grateful for all your help.”
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