Appealing Visa Refusals

It is never pleasant for visa applicants to receive a refusal notification from the Department, especially for onshore applicants who might be faced with having to leave Australia and return to their home country.

Your Options If Refused

When your visa application is refused, you may have a range of options which can include:

  1. Submitting an AAT review
  2. Submitting a judicial review
  3. Request for ministerial intervention
  4. Submitting a new visa application

If you submit a review application on time, you may be able to hold a bridging visa to remain in Australia, while you wait for the Tribunal hearing date.

Factors When Submitting an Appeal

There are a few factors which you must consider when submitting an appeal, such as:

  • The time limit for you to submit a review application
  • Who is the person or organisation eligible to submit the review application?
  • Do you have a strong case for the review?

How Mckkr’s can help with your appeal

Mckkr’s provides assistance with your review application by:

  • Advising you on your review rights
  • Assessing if you have a reasonable prospect of success at the Tribunal
  • Advising you on further supporting documents that you can supply
  • Attending the AAT hearing with you
  • Providing any further submissions required after the hearing

Our team of migration agents and lawyers will prepare evidence and provide a written submission to the Tribunal.

As we near your Tribunal hearing date, we will help you understand the Tribunal hearing process to ensure that you are not nervous when facing the Tribunal member.

The Judicial Review Process

If the review application at the Tribunal results in a negative decision, the migration lawyers at Mckrr’s will be able to assist with judicial reviews with the courts. To apply for judicial review you must be able to prove there has been jurisdictional error. Having attended the hearing with you, we are able to identify potential jurisdictional errors as they occur and prepare for judicial review should it be necessary.

We can review your case to determine if there is a jurisdictional error, to form grounds for a judicial review. There are a number of circumstances where a decision may be appealed directly to the courts without going through the AAT.

Ministerial Intervention

For Ministerial Intervention, your case must have been considered by the AAT. You will also need to meet unique or exceptional circumstances as described by the Minister, for your case to be considered.

The acceptable circumstances are usually compassionate grounds, or exceptional benefits to Australia.

We can assess your case and provide advice on the prospects of ministerial intervention. We can also help you to prepare written submissions and arrange supporting documents to show the minister that they should intervene in your matter.

Alternative Options

Applications other than visa applications can be reviewed as well. This includes employer sponsorship and nomination applications, as well as citizenship applications.

For some, the most efficient way towards a positive outcome, is to submit a new application altogether. Review applications can take time and the results may be uncertain. Submitting a new and correct application can save money and time in the long-run.

If submitting a new application is more appropriate in your case, we will advise you during our initial consultation.

Please note: The circumstances leading to a refusal of the visa application are different for each applicant and a new visa application may not be possible, especially if your visa is refused for genuine reasons.

Conclusion

Receiving a refusal notification regarding your visa or appeal can be extremely stressful and costly, but it is not the end of the world. If you have received a refusal, it is important to find out what your options are immediately.

Once you have reviewed your options, you should act accordingly and quickly. With that being said, it is important that you choose the pathway right for you. To do this, you must understand what appeal process you are eligible for, if it is the most efficient pathway, and whether it is cost effective.

The most effective action you can take towards a positive and efficient outcome is to use a Migration Agent. As mentioned, Migration Agents will be able to not only provide you with all the information needed but also act on your behalf while guiding you through the entire process.

At Mckrr’s we are experienced in assisting applicants in all matters relating to Australian visa applications, including sponsorship applications. If you require further information regarding your Australia visa options you can contact us through our website or call us on 02 46261002 or email us at enquiries@migrationcentreofaustralia.com.au.

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