If you have had your visa application refused, or your visa cancelled, we can help you.
We regularly assist clients with complex Australian migration matters which may require submitting an appeal with the Administrative Appeals Tribunal.
We specialise in
Visa Application Refusals
Expired visas and Unlawful Residence Status
Applications to the Administrative Appeals Tribunal
Requests to the Minister for Home Affairs
Why has my visa been refused?
A visa refusal is when a submitted visa application is declined by the Department of Home Affairs. Visas can be refused for many reasons such as insufficient evidence, ineligibility or changes in Government policy and/or health or character issues. It’s also important to remember any incorrect or false claims / documents can lead to a visa refusal.
Without a solid understanding of the visa process and criteria it is easy to mistakes or misjudgements in your application without even realising it. Usually your refusal letter from the Department of Home Affairs will provide an explanation as to why your visa was refused. However, this explanation is not always clear about what lead the Department delegate to reach their final decision, which is important to know when considering a visa appeal.
Having your application refusal decision assessed by our experienced migration agents will help you understand why the Department refused your visa and whether you can or should appeal the decision.
What are the next steps?
If your visa has been refused or cancelled, then you may be able appeal the decision with the Administrative Appeals Tribunal (AAT) through a visa appeal. However, your decision to appeal is dependent on the whether your application meets the legislative requirements.
Determining whether you should appeal or not requires a detailed assessment of your application, which can be difficult if you do not fully understand how Australian migration law applies to your case. That’s why working with our experienced team at Western Migration and fully understanding the reasons for your refusal or cancellation offers you the best chance moving forward.
If your visa application is refused or cancelled and you wish to appeal, then you will also need to act quickly, as the Department of Home Affairs have strict time frames and processes for lodging appeals with the AAT.
Our experienced migration agent can help you navigate the various milestones such as applying within the deadline (critical), developing strong arguments, providing guidance on how you can obtain sufficiently credible evidence, lodging written submissions, and attendance at your hearing.
What does the appeal process entail?
When you submit an appeal to review your visa refusal or cancellation decision, the AAT undertakes a full review of your application, aligning it with Australia’s migration law. It is important to note that the AAT Tribunal will review your entire application again under the same laws used by the Department of Home Affairs, so you will need to have enough evidence to convince the Tribunal Member that you meet the conditions and/or requirements of your visa.
As part of the review process, the AAT will also review the evidence you provided in your original application and any further evidence you provide at the time of appeal. The Tribunal Member will review the information provided and the laws relating to the decision to make an independent assessment on whether your visa should be granted. The Member may also ask you to provide additional information or to comment on the information already provided. That is why using an experienced migration agent to assist you by preparing written submissions and evidence on your behalf is so beneficial.
The Tribunal Member may also decide upon reviewing your case or they may invite you to present your argument at a hearing. It is important to note that whilst the AAT do not allow you to use a representative to speak on your behalf (except in very limited circumstances), a registered migration agent can provide you with valuable support throughout the entire process.
After reviewing your application, the The Tribunal may agree with the refusal decision of the Department or they may disagree and send your application back to the Department for further consideration with specific directions. Should your appeal be unsuccessful, there are two further options that may be applicable to your situation. An application can be made to the Federal Court if the AAT has made a legal error or alternatively an application for Ministerial Intervention can be submitted. This involves asking the Minister to review your case.
Work with us to ensure that your application is handled properly!
If you decide to make an an appeal application using Western Migration's Registered Migration Agent to prepare and lodge the application on your behalf, we will make the whole process:
Simpler: Quite simply, we know what works and what doesn’t, so we will give you clear instructions as to what documents you need to provide. We will prepare your process your application properly and provide all the correct documents to the Department of Home Affairs.
More efficient: We will use our expertise and understanding of Australia's complex migration laws to maximize your chances of a positive outcome.
Stress-free: We manage the entire process for you from start to finish! We will monitor your application until the Administration Appeals Tribunal makes a decision and keep you informed of any developments during processing.