If your onshore or sponsored visa application has been refused, or your visa has been cancelled, there are a number of avenues available to you to have the decision reviewed.
Applications can be refused for a variety of reasons, such as:
- The application was not properly prepared or presented
- The applicant was found not to meet visa criteria
- The applicant failed the character test or did not met the health requirements
- The company/ employer sponsor was found not to meet sponsorship or nomination criteria
- The applicant was deemed to have provided false, misleading or insufficient information or documentation
Visas are most often cancelled for:
- Breaching the visa conditions,
- Breaching of character requirements
- Termination of employment
- Termination of relationship
- Providing false, incorrect or misleading information in support of an application
Appeal Options:
- Migration Review Tribunal (MRT)
The MRT hears appeals against visa refusals and visa cancellations which are not based on character reasons. This means that the Tribunal steps into the shoes of the original decision maker and looks at all of the information and documents originally lodged by you with the Department of Immigration in addition, you may file further material and evidence with the tribunal. - Administrative Appeals Tribunal (AAT)
If your permanent visa has been cancelled under character grounds or your Australian Citizenship application has been refused or revoked,please contact us immediately as the time to file an appeal is limited. - Federal Court
An appeal to the Federal Court is the next step if an appeal to the Migration Review or Administrative Appeals Tribunals has been unsuccessful. - Ministerial Intervention
TheMigration Act empowers the Minister for Immigration to intervene to replace a negative review tribunal’s decision with a more favourable one on compassionate grounds, when he thinks it is in the public interest to do so, even if a person does not meet the legal requirements for a visa.Ministerial intervention can be invoked as last resort, if appeals to all other tribunals and courts have failed.
How can we can assist you:
- Reviewing your migration matter and provide honest advice on prospects of the appeal
- Advising on other immigration options
- Collecting evidence to support your case
- Preparing and submitting your application to the Tribunal/ Court
- Preparing the case and client for the Tribunal or Court hearing
- Representing and advocating for clients at the hearing
We only appeal decisions if we determine that your application has a good chance of success.We suggest that you do not attempt to appeal the decision yourself to avoid the risk of further failure.
As strict time limits apply in making an application for a review/appeal it is extremely important that as soon as you receive a letter advising you that your application for a visa has been rejected or your visa has been cancelled you should immediately contact us for advice on your review options.
