In the complex world of Australian immigration, visa cancellations and adverse findings on visa applications can be a distressing experience for individuals and their families. Fortunately, Australia’s legal framework offers various avenues for appeal and review, ensuring that decisions are fair and just.
Applicants have a number of options to appeal an unfavourable visa application outcome. It is highly recommended that you seek appropriate representation from an experienced immigration professional in this situation.
Navigating the appeal and review process can be complex and challenging due to the technical nature of immigration law. The outcomes depend on the specific circumstances of each case and the quality of legal representation. It’s important to be prepared, organized, and well-informed when pursuing these avenues.
Administrative Appeals Tribunal (AAT) Review
The Administrative Appeals Tribunal (AAT) plays a pivotal role in the Australian immigration system by providing an independent avenue for review. Depending on the type of decision, the AAT can conduct either a merits review or a review for error of law. Here’s a breakdown:
Merits Review: Applicants may apply for a merits review with the AAT. The AAT reviews the decision afresh, considering all the facts and evidence. It can affirm, vary, or set aside the original decision.
Error of Law Review: For decisions that involve an error of law, such as a misinterpretation of the law or procedural irregularities, the AAT can conduct a review specifically focused on correcting legal mistakes.
The Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs has the discretionary power to intervene in cases where it is deemed in the public interest. This intervention can lead to a visa being granted or reinstated, even if the applicant has been subject to adverse decisions.
If all other avenues are exhausted, individuals may seek a judicial review in the Federal Circuit Court or Federal Court. Judicial review is not concerned with the merits of the case but instead focuses on whether the decision-making process was lawful. This avenue examines whether the decision-maker acted within their jurisdiction and followed due process.
Resubmission of Visa Applications
In some cases, visa applicants may have the option to resubmit their visa application after addressing the issues that led to the initial refusal. This can be a practical way to rectify errors or provide additional evidence in support of their application.
Visa cancellations and adverse visa application decisions can be distressing, but individuals should be aware that they have options to challenge these decisions. The Administrative Appeals Tribunal (AAT) review, Ministerial Intervention, Judicial Review, and resubmission of visa applications are avenues available to address adverse outcomes. Timeliness, strong evidence, and professional guidance are key factors in achieving success in these processes.
If you find yourself in such a situation, consulting with an experienced registered migration agent or immigration lawyer is highly recommended to navigate the complexities of the appeals and reviews effectively.
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If you’re facing challenges with appeals and reviews, our experienced team is here to support you. Contact us for guidance on the best approach to address your specific situation. We can assist you in preparing and navigating the appeals and reviews process, ensuring that your concerns are effectively communicated and addressed.
You can get in touch with the team on our support lines: 1300 227 658 or +61 (03) 9827 3721. Alternatively, you can book a free 10 minute consultation through our Acuity Portal.
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