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Appeals and Reviews
If your visa application is unsuccessful, it is usually possible to apply to have the decision reviewed. There are two major avenues through which to apply for review:
Our experience and services
As legal professionals, we are called on to represent applicants or companies in cases where:
We are referred applicants for appeals and review by law firms, migration agents, community and church organisations, student organisations, universities and other educational institutions.
How we are able to assist:
Contact Visa Lawyers Australia for assistance.
We have assisted applicants with appeals and merits reviews in the following contexts:
The Migration and Refugee Tribunals (MRT) and the Administrative Appeals Tribunal (AAT)
Immigration Department decisions can be reviewed by application to the Migration and Refugee Review Tribunals, or the Administrative Appeals Tribunal. Generally speaking the Tribunals are able to reconsider all the facts, circumstances and the law in a particular case and make a decision on the merits. The review is treated as a “second attempt” at the application.
The Minister for Immigration
The Minister for Immigration has a personal power to intervene and grant a visa, despite refusal by the Immigration Department and the Tribunals. However, this power is used sparingly and the Minister is not obliged to use this power. The power may be used if the Minister considers it is in the public interest to do so, even if a person does not meet the legal requirements for a visa. For this type of review, please see Difficult and Complex Cases.
It is also possible that some decisions of the Immigration Department or the Tribunals can be appealed to the Federal Courts. This type of review is different because it is generally confined to whether an error of law occurred in the making of the decision, rather than whether the decision was correct based on the facts.
The review and appeals processes are complex, and any right to review or appeal must be dealt with comprehensively and quickly.
Why an application may be refused or a visa revoked
Visas may be cancelled in the following contexts: