Appeals and Complex Migration Issues



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.

Our team specialise in assisting with a visa appeal, visa cancellation or visa refusal, including:

• Visa Application Refusals

• Visa Cancellations

• Expired visas and Unlawful Residence Status

• Applications to the Administrative Appeals Tribunal

• Requests to the Minister for Home Affairs



Visa Refused or Cancelled? 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 Migrate With Us 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 agents 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.


 


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 is an appeal process with the AAT?


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.




Requests for Further Information (RFI’S)


Prior the Department of Home Affairs making their decision, the Department Delegate can seek Further Information if they are not satisfied that the supporting evidence you have provided in your application meets the visa requirements.

The quality of the response to these requests can determine whether or not the application is granted or refused. Given that an RFI also has strict time frames for providing a response, they can cause additional stress for the applicant(s).

Our experienced migration agents can help you assess the Department's request and help formulate the right response, improving your chances of obtaining that visa grant.




Complex Issues


We understand that each application is unique and that some applicants may have a complicated medical, character or visa history, which will require a waiver submission. Our team at Migrate With Us know what the Department Delegate will be looking for in a waiver submission. We have the experience, knowledge of legal precedents and government policy to not only prepare a persuasive waiver submission on your behalf but to guide you in gathering the important supporting evidence to ensure your chances of success are the highest they can be.

Waivers may be required for issues such as:

• Character Criteria

• No Further Stay Conditions

• Unlawful Status – Overstaying a visa

• Financial requirements for certain types of visas

• Breaches of a visa condition

• Length of time Resident in Australia

• Prior visa cancellation

• Partner Sponsorship Limitations

• Length of time in a de facto relationship




How we can help


The Australian visa process requires you to be accurate and have a strong attention to detail with a solid understanding of how Australia’s migration laws apply, if you are going to put forward a convincing case for appeal. We understand that it can be extremely stressful having your future in Australia hanging in the balance especially when there are time limits in play. So, if you have had your visa refused or cancelled and you are concerned about what to do next, there is no better time to seek professional advice. An experienced migration agent can provide you with valuable advice and support to ensure that your visa appeals application meets the requirements of the Administrative Appeals Tribunal.

Migrate with Us are experienced in dealing with complex cases such as visa refusal and visa cancellation appeals. We know that challenging a visa refusal or cancellation decision is not an easy process, but our highly skilled team have successfully done so countless times.

So if you are looking for a migration agent with visa appeal experience, we would be happy to assist you. Contact us now on 08 6558 1853 or admin@migratewithus.com.au for a detailed assessment of your application and we will provide you with honest and ethical advice about whether you have a case for appeal.