In some cases when your visa is refused or cancelled, you may have the right to lodge an appeal of the decision.
Appeals are lodged at the Administrative Appeal Tribunal (AAT). There are two main division dealing with immigration decisions:
- The Migration and Refugee Division – deals with most of the refusal or cancellation decisions by the Department of Home Affairs
- The General Division – deals with citizenship refusal and some visa refusal based on character.
The AAT has may affirm, vary, set aside or remit the decision made by the Department of Home Affairs.
If you receive a notice of either visa cancellation or refusal it is very important to read this notice. This notice will indicate whether the decision is reviewable or not. It is very critical to know the timeframe in which an appeal can be lodged to the AAT. Failure not to lodge the appeal in the given timeframe means you lose the right to appeal at the AAT.
- We can help to assess the eligibility of whether you have review rights or not.
- We will advise you on the pros and cons of your case.
- We will help to lodge the appeal, gather documents required and prepare a submission as required.
- In some cases, the prospects of success are extremely low. We can help assess your case and advise on whether it is worth lodging an appeal or not. There may be alternate pathways that can be assessed. It all depends on case-to-case basis.
It is strongly advised that professional advice is sought so you can be advised about your options and helps to make an informed decision.
Please book a consultation with one of our consultants so we can discuss the merits, process and services we can provide in the event you want to lodge an appeal of your immigration matter.