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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.
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We will discuss payment options available for your appeal or review.
Protection visas may be refused on the basis of:
Seeking advice from a legal professional who has experience in migration law and regulations is recommended when addressing refusals due the higher complexity and threshold of refusals. To effectively deal with such refusals, It is crucial for visa applicants to understand the circumstances surrounding their refusal and take appropriate steps to rectify the underlying issues.
Addressing a refusal is dependent on the specific circumstances of the individual, the grounds for the refusal, and the type of visa that is sought. A refusal may be subject to a review by the Administrative Appeals Tribunal (AAT), where a tribunal member reviews the Department's decision and determines whether the refusal was the most correct decision. Subsequently, one may choose to further appeal an AAT decision to the Federal Circuit Court, although this is limited to questions of law. It is crucial to emphasise that appeals are subject to strict time limits and therefore it is imperative to take prompt action upon receiving a notice of refusal.
The visa application process and the waiting period for a decision can be quite lengthy and so it is important to ensure that:
Typically, a refusal implies that you cannot obtain the visa you have applied for resulting in a denial of entry into the country. If you do not successfully address a refusal, either through a successful appeal or by submitting a new application for a different visa, you may be required to return to your home country.
A favourable outcome in a visa appeal typically results in the Department of Home Affairs granting the applicant's visa. Conversely, an unsuccessful appeal at the AAT may prompt consideration of an alternative avenue—the Federal Circuit Court—under restricted circumstances and specific criteria. In situations where pursuing a Federal Court appeal is not practical, visa applicants must arrange to depart Australia if they are currently within the country or refrain from entering if they are outside Australia.
Australian Migration Lawyers comprises a highly skilled team well-versed in immigration law. We are experienced particularly when dealing with complex cases involving visa refusals. Our primary goal is to promote access to justice, a commitment we honor by assisting individuals who place their visa refusal issues in our hands.
Our professional 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 offer payment plans based on different financial needs to provide flexibility for our clients.
Fees in relation to Tribunal and Court appeals depend on the options available for a visa refusal in your particular circumstances.
Navigating a visa refusal can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you with the next steps.
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.
Read our most commonly asked questions about protection visa refusals:
If your appeal is unsuccessful, you are required to return to your home country but if this is not possible, you may be subject to immigration detention.
Unfortunately, the main applicant’s visa refusal will affect other applicants who have been included in the main applicant’s application meaning their application will also be refused.