Best Immigration Lawyers for Visa Refusals and Cancellations
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So, your visa has been refused or cancelled by the Department of Home Affairs. It is understandably stressful. You have the right to appeal the decision at the Administrative Appeals Tribunal (AAT).
These appeals provide applicants with an opportunity to challenge decisions made by the government and seek a review of their case by an independent body.
At BH Law Group, we specialise in assisting clients with the visa refusals and cancellations.
From our initial consultation, we thoroughly assess your appeal prospects and offer comprehensive case management through to the Tribunal’s final decision. We will stand by your side, guiding and supporting you at every stage of the review application process at the AAT.
Your Rights to Appeal
If your visa application has been rejected or your visa has been cancelled, you generally have the right to appeal to the Administrative Appeals Tribunal (AAT). This process, known as a merits review, allows the AAT to reassess the decision based on the evidence presented and determine whether the Department of Home Affairs made an error in making their decision.
Types of Decisions the AAT Can Make
When reviewing visa applications, the Administrative Appeals Tribunal (AAT) has several options for its decisions:
- Affirm the decision: The AAT agrees with the Department of Home Affairs’s original decision, confirming that the visa application should be refused or the visa cancellation upheld.
- Set aside the decision: The AAT determines that the Department’s decision should be invalidated. It may substitute the decision with a new one, potentially granting the visa or altering the conditions of cancellation.
- Remit the decision: This outcome requires the Department to reconsider its decision in light of the AAT’s findings, possibly resulting in a different outcome for the visa application.
- Reconsider the application: In some cases, the AAT may direct the Department to re-examine specific aspects of the application or its decision-making process, providing further opportunity for review.
These options demonstrate how the AAT exercises its authority to independently assess and potentially revise decisions made by the Department of Home Affairs, ensuring a fair and transparent process for visa applicants seeking review.
Process of Lodging an Appeal
When your visa application is refused or cancelled, you will receive a formal notification from the Department of Immigration outlining the decision and your right to appeal. It is crucial to adhere to strict time limits for appealing, which vary depending on the type of visa and circumstances.
You can lodge your appeal online, in person, by email, fax, or post to any AAT registry. Alongside the application form, you must submit the Department’s decision notification and any relevant documents supporting your case.
Preparing for an Appeal
Preparing for a review application with the Administrative Appeals Tribunal (AAT) is crucial for maximizing your chances of a successful outcome. Here are key steps to consider:
- Understand the Reasons for Cancellation: Carefully review the Department of Home Affairs’s decision letter (Decision Record) to understand why your visa application was refused or your visa cancelled. This will help you identify the specific grounds on which you are seeking review.
- Gather Supporting Evidence: Collect all relevant documents and evidence to support your case. This may include personal statements, employment records, financial documents, and any other evidence that addresses the reasons for refusal or supports your eligibility for the visa.
- Seek Legal Advice: Consider consulting with a migration agent or lawyer who specializes in immigration law. They can provide expert guidance on the appeal process, assess the strengths and weaknesses of your case, and help you prepare compelling written submissions.
- Complete the AAT Application Form: Fill out the AAT application form accurately and include all required documents, such as the Decision Record and any additional evidence. Ensure the application is submitted within the specified time limits to avoid losing your right to appeal.
- Consider Attending a Hearing: If a hearing is scheduled, carefully consider whether to attend in person, by telephone, or via video link. Prepare to present your case orally, respond to questions from the Tribunal Member, and provide additional evidence or clarifications if necessary.
- Review AAT Procedures: Familiarise yourself with the AAT’s procedures for appeals, including rules on evidence submission, hearing protocols, and timelines. Understanding these procedures will help you navigate the appeal process effectively.
By thoroughly preparing for your appeal and presenting a well-documented case to the AAT, you enhance your chances of achieving a positive outcome and having your visa application reconsidered fairly and impartially.
Appeal Hearings
If the AAT schedules a hearing for your appeal, you will have the opportunity to present your case orally and provide additional evidence. While attendance is not compulsory, it is generally beneficial to attend to ensure your arguments are fully considered.
Decision and Outcome
Following the appeal, the AAT will make a decision statement outlining the outcome and the reasons for its decision. This decision is binding, and further legal options may be available if you believe the decision was incorrect on a matter of law.
Alternatives and Further Actions
If your appeal is unsuccessful, you may seek judicial review through the Federal Circuit Court (FCC). Ministerial intervention may also be possible in exceptional circumstances. There are several alternatives and further actions you can consider:
- Judicial Review: If you believe there was a legal error in the AAT’s decision-making process, you may seek a judicial review by applying to the Federal Circuit Court of Australia.
- Ministerial Intervention: In exceptional circumstances where compelling reasons exist, you may request the Minister for Immigration to exercise their discretionary powers to intervene in your case.
Each of these alternatives requires careful consideration of your specific circumstances, legal advice, and an understanding of procedural requirements.
Choose BH Law Group for Immigration Appeals
When facing the complexities of immigration appeals, choosing the right legal support can significantly impact your chances of success. Here’s why BH Law Group stands out:
Expertise in Immigration Law
BH Law Group prides itself on a team of seasoned immigration law specialists who possess extensive knowledge of Australian immigration laws and regulations. With years of experience, we adeptly navigate the complexities of immigration appeals, ensuring thorough preparation and strategic representation.
Personalised Service:
Recognising the uniqueness of each client’s circumstances, BH Law Group offers personalised service tailored to your specific needs. From the initial consultation to the resolution of your appeal, we take the time to understand your case thoroughly, crafting a strategy designed to maximise the likelihood of a successful outcome.
Proven Track Record
Our track record speaks volumes about our commitment and proficiency. BH Law Group has successfully represented numerous clients in challenging immigration appeals, securing favourable decisions. Client testimonials and success stories underscore our dedication to achieving positive results.
Transparent Pricing
At BH Law Group, transparency and integrity are paramount. We provide clear, upfront information regarding our fees and charges, ensuring there are no hidden costs or surprises throughout the appeal process. This transparency enables you to plan your finances confidently.
Comprehensive Support
Beyond legal representation, BH Law Group offers comprehensive support to facilitate your transition. We provide guidance on practical aspects of relocating to Australia, including accommodation options, local amenities, and community integration. Our goal is to ensure a seamless transition to your new life in Australia.
Choosing BH Law Group for your immigration appeal means partnering with a dedicated team of experts committed to your success. We combine legal expertise with personalised service and unwavering support, ensuring a seamless and stress-free experience throughout the appeal process.
Ready to start your Immigration Appeals process?
Contact BH Law Group today.
- 0468 442 590
-
bocha@bhlawgroup.com.au
visa@bhmigrationgroup.com.au.
We’re here to help you every step of the way
FAQ
Q: How to appeal an immigration decision in Australia?
Ans: To appeal an immigration decision in Australia, you can apply to the Administrative Appeals Tribunal (AAT).
Q: How long does an immigration appeal decision take?
Ans: The decision timeline for an immigration appeal can vary significantly. Appeals reviewed by the AAT may take from several months to over a year to reach a decision.
Q: What are the odds of winning the AAT?
Ans: The chances of success in an AAT appeal depend on the merits of your case, the strength of your evidence, and how well it aligns with legal requirements.
Q: What happens if my immigration appeal is denied?
Ans: If your immigration appeal is denied by the AAT, you may have the option to seek further review, such as applying for judicial review in the Federal Circuit Court or the Federal Court of Australia.
Q: How to challenge an immigration decision?
Ans: Challenging an immigration decision involves lodging an appeal with the appropriate reviewing authority, such as the AAT. You’ll need to prepare a strong case supported by evidence and legal arguments that demonstrate why the decision should be reconsidered.