If your visa application to visit, enter or stay in Australia is refused, you should get expert advice as to your legal rights.
AAT & FCC appeal
A visa can be cancelled for breach of visa conditions, character grounds, termination of employment in the case of employer sponsored visas, termination of relationship in the case of partner visas (where it is alleged false, incorrect or misleading information was provided in support of an application) or allegations that the marriage or de facto relationship was not genuine or did not really exist.
You may be able to appeal the decision, but strict time limits apply and they will depend on the type of visa you applied for.
The Migration and Refugee Division of the Administrative Appeals Tribunal (AAT) deals with decisions about general visa applications and decisions about protection visas.
If you are unsuccessful at the AAT, you may be able to further appeal to the Federal Circuit Court or the Federal Court.
Before lodging any appeal you need to make sure you have understood the reasons for the refusal and what evidence you will require to convince the decision maker that the matter should be reversed.
Our team has significant experience in preparing submissions and appearing on behalf of clients in a wide range of visa categories.
We can assist you with:
- Reviewing case to advise on prospects of appeal;
- Advise on other immigration options – separate or parallel to an appeal or review;
- Preparing all aspects of the appeal, including written submissions to the Tribunal/ Court;
- Preparing the case and client for the Tribunal or Court hearing;
- Preparing and collecting evidence to support the case; and
- Representing and advocating for clients at the hearing.
If all the avenues have been exhausted there is still an ability to request the Minister to intervene and this requires comprehensive submissions to be made.
Ministerial Intervention is when the Minister for Immigration, Citizenship and Multicultural Affairs has the ability under the Migration Act 1958 to personally intervene in your case if the Minister believes it is in the public interest to do so which usually means the Minister will grant you (and if applicable your family members) a visa.
It is important to note that the Minister is not legally obliged to intervene nor consider applications for Ministerial Intervention and only a small number of applications are successful.
Ministerial Intervention can be granted on either of the following grounds:
1. Compassionate grounds:
Your removal from Australia would significantly impact on you, your family and/or your community
Your health would suffer to a significant degree should your request not be considered
2. Significant positive impact on Australia’s economic, scientific, or cultural landscape:
Your skills and qualifications have been recognised by a relevant Australian assessment authority and
Are recognised in your industry
If your visa refusal was declined by the AAT, there are strict time limits on how long you may remain in Australia.
You may also apply for a Bridging Visa E once you have applied for Ministerial Intervention. Once your request for Ministerial Intervention has been submitted, you are unable to leave Australia until a decision as to whether to grant your request has been made.