Have you had your Australian visa refused? Or perhaps you have had your visa cancelled? Are you wondering if you can submit a visa appeal? With over 30 years of experience, Interstaff is regularly called upon to assist with complex Australian migration matters requiring a review of a visa decision with the Administrative Appeals Tribunal. Our team specialise in assisting with visa cancellations and visa refusals and our services include:
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Our Registered Migration Agents servicing Perth, Melbourne and Sydney are highly experienced in assisting with complex issues. We can also 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. 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 review 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 AAT 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, having your visa refused the Department of Home Affairs requires you to act quickly. You will need to decide if you would like the decision reviewed by the Administrative Appeals Tribunal within the time frame noted on your refusal notice to avoid legally having to return to your home country. An experienced migration agent can provide you with the direction to move forward 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 realising it.
Usually your refusal letter from the Department of Home Affairs will provide a brief explanation as to why your visa was refused. However, you may still 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. 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 or have the decision reviewed by the Administrative Appeals Tribunal.
There are a number of reasons a visa could be refused or cancelled, including insufficient evidence to support the claims made in the application, changes in government policy or a breach in visa conditions. The Department may also believe you will not meet the visa conditions or health and character requirements. Any incorrect or false claims can also lead to a visa refusal.
If you would like to have your visa decision reviewed, you will need to go through the Merits Review process with the Australian Administrative Appeals Tribunal (AAT). The 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 AAT that you meet the conditions and requirements of your visa. This requires careful consideration to ensure you are putting forward a strong case 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 AAT may ask you to comment on the information provided 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 believe they have enough information to decide on your case. If not, 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 AAT will either affirm or change the visa decision made by the Department of Home Affairs or 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 Application for Ministerial Intervention.
An Application for Ministerial Intervention involves requesting the Minister to review your case if you have very strong reasons to do so. An application to Federal Court for a visa appeal is usually done in limited cases if the AAT 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.
Have you had your visa refused and are concerned about staying in Australia? Now is the time to get professional advice from a migration agent. We can provide valuable advice on how you can present your evidence in a way that meets the requirements of the Administrative Appeals Tribunal.
Interstaff have over 30 years of experience helping individuals, business and families. We are known for our ability to assist with complex cases such as visa refusal and visa cancellation appeals. Challenging a decision by the Department of Home Affairs isn’t easy, but our team has done so successfully countless times.
If you are looking for a migration agent with visa refusal and cancellation experience, we would be happy to assist you. The first step is to contact us on (08) 9221 3388 or here to arrange a consultation. A consultation will enable us to conduct a detailed assessment on your case.
During a consultation we can help you understand whether you can appeal or apply for a review of your visa decision. Interstaff are an ethical and responsible migration agency and we will advise with honesty and integrity if we believe you have a case for appeal or review.
“Thank you very much 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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Interstaff acknowledges that it is situated on Whadjuk Noongar Land, and that Whadjuk Noongar people remain the spiritual and cultural custodians of their land, continuing to practise their values, languages, beliefs and knowledge. We pay our respects to Elders, past, present and emerging.
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