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When the Department refuses your visa, you may have options to challenge this decision through a merits review at the Administrative Review Tribunal or a judicial review in court. Australian Migration Lawyers have experience in over 1,000 appeal matters.
Contact us to discuss your case and explore how we can get your visa application back on track.
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Tell us about your situation, and we will get back to you shortly.
Tell us about your situation, and we will get back to you shortly.
There are no hidden costs for our services. Our fees are clearly set out in a fee agreement.
From the first same-day response to the conclusion of your case, you’ll have direct access to a lawyer.
Our experienced lawyers will give you regular updates and clear explanations of your appeal and review pathways.
We offer a satisfaction guarantee in relation to your representation in appeal and review matters.
We will discuss payment options available for your appeal or review.
There are two types of appeals that relate to visa refusals. The appropriate appeal will depend on your individual circumstances. AML can assist with both types of appeal.
A visa refusal is a decision made by the Department of Home Affairs by which an applicant’s submission to enter or stay in Australia is rejected.
A visa cancellation is a formal termination of a previously approved and valid visa. It means that a visa that has been granted has been cancelled and no longer holds visa status.
This is an informal hearing in which a Tribunal member will hear the facts, law and policy surrounding the Department’s decision and make the most correct and preferable decision.
This is a formal hearing in which a judge hears a matter appealed from the Administrative Review Tribunal and determines whether an error of law has been made. The Court is independent of the makers of the decisions it reviews.
A Notice of Intention to Consider Cancellation (NOICC) is a formal notice that is issued by the Department of Home Affairs to a visa holder, which informs them that the Department is considering canceling their visa.
The section 48 bar is a provision within the Migration Act that prevents visa applicants who have either had a visa canceled or a visa refused from applying for most visas while onshore in certain circumstances.
This letter contains details of the allegations that the Department is making against the information or documents that you have submitted.
In certain circumstances the Migration Act 1958 (Cth), the legal instrument which broadly frames and empowers Australia’s immigration processes, applies in a way that can result in an individual’s visa being cancelled.
A Section 116 letter, issued under the Migration Act 1958, notifies visa holders of potential visa cancellation, which can be discretionary or mandatory based on grounds like pending charges or non-compliance.
The Australian government has long maintained a policy that ‘unlawful non-citizens’ in Australia’s migration zone are detained unless they are afforded legal status while they make arrangements to depart Australia or apply for another type of visa.
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Visa refusals can be overwhelming. Our experienced team will guide you through each step, from initial consultation to representation at the Administrative Review Tribunal or in court.
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
We will prepare written submissions in support of your appeal. This will be based on your individual circumstances, and supported by evidence where appropriate.
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
We will represent you in the ART or in court, keep you informed about your appeal, and notify you of the outcome. If you receive an unfavourable outcome, we will talk to you about any options available to you.
The Australian Migration Lawyers team is comprised of skilled immigration lawyers with a wealth of experience. We are well-versed in handling appeals and matters of high complexity. One of our primary objectives is to broaden access to justice and commit to upholding the interests of every client that we represent who engages with us regarding their visa refusal.
At Australian Migration Lawyers, our team includes qualified Australian lawyers who draw upon their comprehensive knowledge of Australian laws and legal precedents to offer guidance during the visa refusal appeal process. We also provide advice on other available migration options and strategies.
As migration lawyers, our support extends from aiding in application preparation to the final decision, including close collaboration with you to address any additional requests made by the Tribunal or Court.
Not every visa refusal is eligible for an appeal. It's important to first check if your case qualifies for a review and then follow these steps if an appeal is possible:
There are two main costs associated with appeals:
Our fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. We work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about the total costs associated with their appeal. We can offer payment plans based on different financial needs to provide flexibility for our clients.
Book a free consultation with one of our qualified lawyers to get a quote.
Application fees at the Tribunal and Court vary depending on the type of application. Payment can be made using EFTPOS, debit/credit card or cheque.
The time it takes for you to receive a decision will depend on whether an appeal was made to the Administrative Review Tribunal or to the Federal Circuit and Family Court. The Tribunal may gives its decision in as little as 1 to 14 days while it is not uncommon to wait for 3 to 12 months for Federal Circuit and Family Court decisions.
Read our most commonly asked questions about visa appeals:
If an appeal at the tribunal is unsuccessful, there may be grounds to appeal to the Federal Circuit and Family Court. If an appeal is unsuccessful in a Court, you may apply for ministerial intervention where the Minister may intervene and grant a visa even if you do not meet all the visa requirements if it is in the public interest to do so.
The Administrative Review Tribunal may hear new evidence as the Member will hear the matter afresh to assess whether the Department’s decision was the most correct and preferable. A judge in a court hearing will not assess new evidence brought before them but rather assess whether the decision and the process of reaching a decision was so according to law.
Going to Court is generally more costly because you will be required to pay the costs of having a barrister represent you in Court as well as solicitor costs associated with briefing the barrister as well as Court fees.
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We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
Tell us a little about your situation, and one of our migration lawyers will get back to you as soon as possible.
