Have you received a visa refusal or cancellation notice? That’s a shame, but don’t worry. Our service for appealing and overturning visa refusals, cancellations, and denials might just be the solution you need.
Here’s the deal: visas can sometimes be refused or canceled due to various reasons, such as missing documents or incorrect information. But, we are here to help. Our team of experts can assist you in navigating the appeal process and getting your visa back on track.
Common Questions on Appeal Process
The process for appealing a visa refusal or cancellation decision in Australia may differ depending on the visa type and the reasons for refusal or cancellation. However, typically, the process consists of the following stages:
Review the decision: The first step is to thoroughly review the decision letter provided by the Department of Home Affairs (or the relevant authority) to comprehend the reasons for the refusal or cancellation.
Seek legal advice: It is recommended to obtain legal advice from a registered migration agent or immigration lawyer who can examine your case and provide advice on the best course of action.
Lodge an appeal: If eligible, you may need to lodge an appeal with the Administrative Appeals Tribunal (AAT) within the specified time frame. The AAT is an autonomous organization that reviews administrative decisions made by government departments.
Attend a hearing: Once your appeal is lodged, you may be required to attend a hearing where you can present your case and provide evidence to support your claim.
Wait for the decision: The AAT will examine your case and make a decision based on the merits of your application. The decision can take several months, and you will be informed of the outcome in writing.
Consider further options: If the AAT confirms the decision to refuse or cancel your visa, you may have further options to seek review, such as judicial review in the Federal Circuit Court or the Federal Court of Australia.
To appeal a visa refusal or cancellation decision in Australia, you must lodge an appeal with the Administrative Appeals Tribunal (AAT) within a specific timeframe, which may vary depending on the visa type and the grounds of the decision. Typically, you will have 21 days from the date of receiving the decision to lodge an appeal with the AAT. However, it is important to check the decision letter and seek legal advice to confirm the exact deadline, as some visas may have shorter or longer time frames. It is highly recommended to take prompt action and submit the appeal within the given time frame to avoid missing the opportunity to appeal the decision.
The likelihood of success when appealing a visa refusal or cancellation in Australia depends on various factors, such as the reasons for the original decision, the strength of the case, and the evidence and arguments presented during the appeal process. It’s important to understand that not all cases have equal chances of success, and it’s recommended to seek legal advice from a registered migration agent or immigration lawyer to assess your situation and receive guidance on the likelihood of success. Ultimately, the decision will be made by an independent authority, such as the Administrative Appeals Tribunal, based on the merits of your case.
In case your visa appeal is unsuccessful, the original decision to refuse or cancel your visa will remain valid. If your visa has been cancelled, you may be required to leave Australia or if you are still in Australia, you may be eligible for a bridging visa which will allow you to remain in the country for a limited period while you make arrangements to depart. However, it’s important to note that the eligibility for a bridging visa may vary depending on the circumstances of your case. It’s recommended to seek legal advice from a registered migration agent or immigration lawyer to understand your options and any potential consequences of an unsuccessful visa appeal. Additionally, you may have the option to seek further review of the decision through judicial review in the Federal Circuit Court or the Federal Court of Australia, but this will depend on the specific details of your case.
Yes, it’s possible to apply for a new visa after a previous visa has been refused or cancelled, but the outcome will depend on the circumstances of your case. If your visa was refused or cancelled due to character or security concerns, you may be subject to exclusion periods which will prevent you from applying for a new visa for a specific period of time. Additionally, if you are in Australia and your visa has been cancelled, you may be subject to a re-entry ban, which may prohibit you from applying for a new visa for up to three years. It’s important to seek advice from a registered migration agent or immigration lawyer to understand the options available to you and any potential consequences before submitting a new visa application. They can assist you in addressing the reasons for the refusal or cancellation, and provide guidance to help you maximize your chances of success.
You may be eligible to apply for a bridging visa while your visa appeal is being processed. However, the type of bridging visa you can apply for will depend on factors such as your individual circumstances, including your visa history, the status of your current visa, and the grounds for your appeal. It’s important to note that bridging visas have specific restrictions and conditions, so it’s important to understand these before applying. Seeking legal advice from a registered migration agent or immigration lawyer can help you determine your eligibility for a bridging visa and assist with the application process.
You need to adhere to time limits while appealing a visa refusal or cancellation decision in Australia. The time frame to submit an appeal may differ based on the visa type and the reasons for the decision. Typically, you will have 21 days from the date of receiving the refusal or cancellation decision to appeal with the Administrative Appeals Tribunal (AAT). However, some visas may have shorter or longer time frames, so it’s important to review the decision letter and obtain legal advice promptly. It is recommended to act quickly and submit an appeal within the given time frame to avoid missing your opportunity to appeal the decision.