Visa Refusal and Cancellation - Get the Best Outcome on AAT Appeals
As experienced migration lawyers for the past 15 years, Tang Law has helped applicants with appeals and reviews in many contexts of visa cancellation and refusal such as:
- Discovery of incorrect, false or misleading information given to Immigration
- Character ground – Failed to demonstrate good character
- Breach of visa conditions
- Criminal Deportation
- Genuineness of marital or spousal relationship
- Termination of marital or spousal relationshipand domestic violence
- Genuineness of legal child
- Refusal of protection visa
- Genuineness of company sponsorship and nomination
- Termination of employment
- Revocation relating to Student Visa
There is no case too complicated for us. As fully qualified and trained lawyers, we understand the Migration Law framework and we know the legal system. We can also assist you with:
- Appealing to the AAT for you and represent you in the merits review of your case.
- Appealing to the Federal Court of Australia and represent you in the judicial review of your case.
- Advice you and formulate a most suitable strategy catered to your circumstances with regards to your visa cancellation or refusal issues.
- Formulate and prepare submissions in support of your request to revoke the cancellation decision.
- Formulate and prepare submissions in support of your appeal for Ministerial Intervention.
- Formulate and make submissions in support of your visa issue with the Department of Immigration.
- Visit you if you are detained at detention centre.
If the Department of Home Affairs (formerly DIBP) cancelled your visa or refused your application for a visa, it is usually possible to appeal or apply for review of the decision. You need to act immediately to avoid losing your right to appeal as a result of time limitation expiring. Visa refusal and cancellation appeals are handled by the Australian Appeals Tribunal (AAT) and in many cases, it is important to have legal representation to help you win the case. However, it is important not to panic in this situation and try to get the opinion of an experience migration lawyer and let them assist you in filing the visa refusal or visa cancellation appeal.
Do not forget, you need to allow adequate time for your lawyers to assess your appeal. In filing for an appeal, there are several issues that must be considered:
- Do you have a right to appeal the case?
- If so, what type of reviews are you entitled to – merits review or judicial review?
- What are your grounds of appeal?
- Do you have sufficient evidence and does your evidence support the grounds that may be available to you?
How Do I Appeal with the Administrative Appeals Tribunal?
If your visa is refused or cancelled, you might be able to have the decision reviewed by a merits review tribunal.
From 1 July 2015, the Administrative Appeals Tribunal (AAT) will be the only merits review tribunal that can make a decision after which you can then ask the Minister to consider your case.
The AAT is an independent organisation that reviews government decisions. Within the AAT, specialist offices review specific types government decisions.
Departmental decisions are usually reviewed within the AAT’s:
- General Division, which reviews decisions relating to:
- character matters (including under Articles 1F, 32 or 33 of the Refugees Convention and section 501 of the Migration Act 1958)
- citizenship matters; or
- Office of the Migration Agents Registration Authority (OMARA) matters.
- Migration and Refugee Division (MRD), which reviews decisions relating to most migration and refugee visa refusals (including refusal of sponsorship or nomination) and visa cancellations.
- Immigration Assessment Authority, an independent office within the AAT’s MRD that reviews fast track reviewable decisions relating to certain Protection visa decisions.
If you are affected by a decision that is AAT-reviewable in the General Division or in the Migration and Refugee Division, and you intend to seek review of the decision, you must lodge your application within the legislatively prescribed time period outlined in your decision notification letter. The AAT does not have discretion to extend the time for making a valid review application.
We also assist in the following areas:
- Application for Australian Citizenship
- Migration Compliance and Application Support Services
- Application for Visa Extension
- Appeals and Reviews of decision relating to Australian Citizenship Refusal
- Application for Good Character Test
We can assist your with your Migration Law concerns
At Tang Law, our experienced migration lawyers and registered migration consultants deal exclusively in Australian Migration Law. We are registered with the Office of Migration Agents Registration Authority (MARA) and adhere to the Code of Conduct for registered migration agents as set out in legislation to regulate the conduct of registered migration agents. We are also a member of Migration Alliance Australia, a not-for-profit representative body that promotes the fair practise of Migration Law.