Appeal & Review

Appeal & Review: Navigating the Appeals Process for Australian Immigration Decisions

If your Australian visa application is refused or you are not satisfied with the decision made by the Department of Home Affairs, you have the option to challenge the decision through an appeal or review process. The review process allows you to present additional information or clarify any misunderstandings in your case to potentially change the outcome.

Types of Appeal & Review Options

1. Administrative Appeals Tribunal (AAT)

• Overview:
  The AAT is an independent body that reviews decisions made by the Department of Home Affairs related to visas and immigration matters.

  • You can apply for a review of a visa refusal decision made by the Department of Home Affairs.
  • The AAT can also review refusals related to visa cancellation, and other immigration-related matters.

• Eligibility:

  • You must lodge your application for review within a certain period (usually 21 days from the decision date).
  • The review process is available for most visa types, but certain visa refusals or cancellations may not be eligible for review.

• Process:

  1. Application: Lodge an appeal with the AAT, submitting all required supporting documents.
  2. Review: The AAT will assess your case, including considering new information or clarifying errors in the initial decision.
  3. Decision: The AAT can affirm, vary, or overturn the decision made by the Department of Home Affairs.
  4. Outcome: If the AAT finds in your favor, your visa application may be approved, or your visa status may be reinstated. If the AAT dismisses your case, the original decision stands.

2. Judicial Review

• Overview:
  Judicial review is a more formal process where a Federal Court reviews the legality of the decision made by the Department of Home Affairs or the AAT. This is not a review of the facts of your case but rather an examination of whether the decision-making process followed the law correctly.

• Eligibility:

  • Judicial review is typically only available if you believe the decision was made unlawfully or in error (e.g., procedural issues, lack of natural justice).
  • You must act quickly, as the application for judicial review generally needs to be filed within 35 days of the decision.

• Process:

  1. Lodging the Application: You file a judicial review application in the Federal Court.
  2. Court Examination: The Court will examine whether the immigration decision was made in accordance with the law and will determine if the decision was fair and reasonable.
  3. Decision: The Federal Court can either uphold the original decision, send it back for reconsideration, or overturn the decision.
  4. Outcome: Judicial review does not result in a new decision or automatic visa grant. The Court’s role is to ensure that the law was followed correctly in the decision-making process.

3. Ministerial Intervention

• Overview:
  Ministerial intervention is a rare process where you can request the Minister for Immigration to personally intervene in your case. This typically happens after all other appeal and review processes have been exhausted, and your visa refusal or cancellation decision remains.

• Eligibility:

  • The Minister can intervene if they believe there are compelling or compassionate reasons that warrant special consideration.
  • Ministerial intervention can only be sought once the AAT has made its final decision, and the judicial review process is complete.

• Process:

  1. Request: You or your representative can make a request for ministerial intervention to the Minister for Immigration, outlining why your case warrants intervention.
  2. Minister’s Decision: The Minister may choose to intervene in your case and overturn the decision, grant your visa, or take other action as deemed appropriate.
  3. Outcome: This is a discretionary process and not guaranteed. If the Minister intervenes, the decision may be in your favor, but if not, your application will remain refused.

Reasons for Visa Refusals and Common Appeals

• Visa Refusal:
  Your visa may be refused for various reasons, including:

  • Failing to meet the visa requirements (e.g., health, character, financial capacity).
  • Providing false or misleading information in your application.
  • Not demonstrating genuine intent to stay temporarily in Australia (for temporary visas).
  • Not meeting the skill requirements or occupation list for skilled migration visas.

• Appealing a Refusal:
  The most common reasons to lodge an appeal or review include:

  • Health or Character Issues: If your health or criminal record has led to a visa refusal, you can appeal the decision based on mitigating circumstances or additional evidence.
  • Relationship Issues for Partner Visas: If your partner visa is refused based on a relationship assessment, providing more evidence of your genuine relationship can improve your chances.
  • Points Test and Skills Assessments for Skilled Migration Visas: If you believe you did not receive sufficient points or that your skills assessment was incorrectly assessed, you can lodge an appeal for reconsideration.

Why Choose Us for Appeal & Review Services?

• Expert Representation: We have a team of skilled migration agents and lawyers who can represent you throughout the review or appeal process.
• Thorough Documentation: We ensure your case is properly documented and present a solid argument for your appeal.
• Timely Action: We know the importance of acting within the required timeframes and help you meet deadlines for lodging an appeal or review.
• Personalized Strategy: We assess your situation and develop a tailored strategy to give you the best chance of success in your appeal.