Visa Appeals, Cancellations and Refusals
If your visa application to visit, enter or stay in Australia is refused, you should get expert advice as to your legal rights.
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, de facto relationship or a same sex 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 range of visa refusal matters and we have acted for people in a range of visas categories including:
- Business visas;
- Employment and Sponsored visas;
- Family visas;
- Partner and Spouse visas; and
- Skilled visas.
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.