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Visa appeals, refusals and cancellations

Experience in 1,000+ matters

Our principal lawyer Perry Q Wood is a former Senior Member and Practice Leader of the Administrative Appeals Tribunal (AAT) who has been involved in 1000+ matters.

Our team of Australian Migration Lawyers can assist you to prepare for the review process conducted by the AAT and the Federal courts.

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Appeals, refusals, and cancellations - what you need to know

Cancellations

Our principal lawyer Perry Q Wood is a former Senior Member and Practice Leader of the AAT who has been involved in 1000+ matters.

In most instances, if your visa has been refused or cancelled, you can seek review of the decision in the Administrative Appeals Tribunal (AAT Appeals). Often a 21-day period applies in which you must submit your application.

Our team of Australian Migration Lawyers can assist you to prepare for the review process conducted by the AAT. 

Administrative Appeals Tribunal (AAT Appeals)

The AAT provides an independent review of migration decisions made by Australian immigration officials working within the Department of Home Affairs. The AAT replaced the former Migration Review Tribunal and former Refugee Review Tribunal on 1 July 2015.

Appealing a partner visa decision to the AAT

When you apply to the AAT for review of a decision to grant a partner visa and an issue is whether a married or de facto relationship exists, it is advisable to have your lawyer submit evidence of the relationship without delay. Your Australian Migration Lawyer can advise you what evidence ordinarily attracts the most weight.

It is permissible to submit a representative sample of evidence. For example, you may choose to submit certain photographs spanning a period of time, rather than every photograph that you have taken together. Your Australian Migration Lawyer will advise you when it is appropriate to submit a representative sample of evidence and when you should copy and submit all the evidence you have.

Migration and Refugee Division

The Migration and Refugee Division (MRD) operates subject to a practice direction which sets out the procedures that apply to applications and makes clear the AAT’s requirements of applicants and their representatives. Your Australian Migration Lawyer can explain the process to you.

General Division

Reviews of decisions concerning character related matters are heard in the General Division of the AAT and are subject to a different process separate from the MRD.

The General Division considers reviews of the following decisions under the Migration Act:

·        to refuse or cancel any type of visa, including a protection visa, on character grounds under section 501

·        to not revoke the mandatory cancellation of your visa on character grounds under section 501CA

·        to refuse a protection visa on character grounds relying on sections 5H(2), 36(1C) or 36(2C)

Appearing before the AAT

The tribunal hearing is an opportunity for an applicant to provide evidence and submissions to the tribunal member concerning their application. Hearings can occur in person, by video link or by telephone.

It is important that you inform your Australian Migration Lawyer in advance if you require an interpreter to assist you on the day. You are entitled to request a NAATI accredited interpreter. Your Australian Migration Lawyer can make arrangements with the AAT if you require such assistance.

The Appeal outcome

The AAT can make any of the following decisions:

·        to affirm the decision: the decision is not varied

·        to vary the decision: the decision is changed

·        to set aside the decision and substitute a different decision: the decision is replaced with a new decision

·        to remit the decision: the case is returned to the Department of Home Affairs for a new decision to be made.

In circumstances where the AAT decides to affirm the decision, you may decide to submit a further appeal to the Federal Circuit and Family Court of Australia.

Refusals

Our principal lawyer Perry Q Wood is a former Senior Member and Practice Leader of the AAT who has been involved in 1000+ matters.

If your visa has been refused the process is very similar to that of a cancelled visa which we have listed above. You can seek a review of the decision in the Administrative Appeals Tribunal (AAT Appeals). Often a 21-day period applies in which you must submit your application.

Administrative Appeals Tribunal (AAT Appeals)

The AAT provides an independent review of migration decisions made by Australian immigration officials working within the Department of Home Affairs. The AAT replaced the former Migration Review Tribunal and former Refugee Review Tribunal on 1 July 2015.

Appealing a partner visa decision to the AAT

When you apply to the AAT for review of a decision to grant a partner visa and an issue is whether a married or de facto relationship exists, it is advisable to have your lawyer submit evidence of the relationship without delay. Your Australian Migration Lawyer can advise you on what evidence ordinarily attracts the most weight.

It is permissible to submit a representative sample of evidence. For example, you may choose to submit certain photographs spanning a period of time, rather than every photograph that you have taken together. Your Australian Migration Lawyer will advise you when it is appropriate to submit a representative sample of evidence and when you should copy and submit all the evidence you have.

Migration and Refugee Division

The Migration and Refugee Division (MRD) operates subject to a practice direction that sets out the procedures that apply to applications and makes clear the AAT’s requirements of applicants and their representatives. Your Australian Migration Lawyer can explain the process to you.

General Division

Reviews of decisions concerning character-related matters are heard in the General Division of the AAT and are subject to a different process separate from the MRD.

The General Division considers reviews of the following decisions under the Migration Act:

·        to refuse or cancel any type of visa, including a protection visa, on character grounds under section 501

·        to not revoke the mandatory cancellation of your visa on character grounds under section 501CA

·        to refuse a protection visa on character grounds relying on sections 5H(2), 36(1C) or 36(2C)

Appearing before the AAT

The tribunal hearing is an opportunity for an applicant to provide evidence and submissions to the tribunal member concerning their application. Hearings can occur in person, by video link or by telephone.

It is important that you inform your Australian Migration Lawyer in advance if you require an interpreter to assist you on the day. You are entitled to request a NAATI accredited interpreter. Your Australian Migration Lawyer can make arrangements with the AAT if you require such assistance.

The Appeal outcome

The AAT can make any of the following decisions:

·        to affirm the decision: the decision is not varied

·        to vary the decision: the decision is changed

·        to set aside the decision and substitute a different decision: the decision is replaced with a new decision

·        to remit the decision: the case is returned to the Department of Home Affairs for a new decision to be made.

In circumstances where the AAT decides to affirm the decision, you may decide to submit a further appeal to the Federal Circuit and Family Court of Australia.

Visa application process

Applying for a visa can be confusing. Here’s how we can help you untangle the complexity of the process and assist you to obtain a visa.

Our dedicated team are here to help

With decades of combined experience, our professional and caring team are on hand to guide you through each stage of your migration. We understand that this can be a challenging time for you and your family, and do everything we can to make the process smooth and stress-free. We offer accurate and transparent advice, tailored to you and your situation so you can make informed decisions. 

Start your journey with us today. 

Perry Q Wood
Perry Q Wood

We support the LGBTIQ+ community across Australia

Experience in 1,000+ matters

Our principal lawyer Perry Q Wood is a former Senior Member and Practice Leader of the AAT who has been involved in 1000+ matters.

Our team of Australian Migration Lawyers can assist you to prepare for the review process conducted by the AAT.

Book free consultation

About Australian Migration Lawyers

We will approach your case with compassion, and give you the deeper understanding you need to achieve your goals.

Here’s what we offer:

  • Clarity into what evidence you need for a successful partner visa application
  • Quality control processes including comprehensive checklists developed by experienced lawyers
  • Assistance for families living both onshore and offshore

Australia Migration Lawyers can help you all over Australia

We work with people all over Australia, offering professional migration guidance and support.

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Frequently Asked Questions

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Is it possible to appeal?

You may have received a document entitled IMMI Refusal Notification or similar from the Department of Home Affairs. This Notice may indicate whether you have review rights. Please send the decision letter document to us and one of our Australian Migration Lawyers will be able to explain your options.

How long do I have to appeal?

This depends on the type of visa you applied for. In most instances, it is necessary to file an appeal with the AAT within 21 days. Please contact us to discuss your matter with a migration lawyer.

How much does it cost to appeal?

The MRD application fee is $3,153 AUD.

If you are experiencing severe financial hardship, speak with your Australian Migration Lawyer concerning the process for applying for a reduction.

Book your free 20 minute consultation

Tell us about your situation, and we will get back to you shortly.

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