Cancellations / Refusals
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Has your visa been cancelled or refused?
Appeal or Review a Decision
Book a free consultation with our Migration Lawyers to appeal or review your cancelled or refused Visa. Appeals can be complicated, but our Migration Lawyers are well experienced in formally disputing a decision made by the department. There are two primary ways to appeal or review a decision:
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Appeals have strict rules
Use Our Qualified Migration Lawyers
If your Visa has been refused or cancelled, there are strict rules to appeal or review the decision. Using Qualified Migration Lawyers gives you the benefit of having an experienced lawyer who understands the legal process to put forward your case. In most cases, there are strict rules, time limits and processes to follow.
The first appeal you can make is to the Administratve Appeals Tribunal (AAT). If your appeal or review fails at the AAT, then you may be able to request a further appeal to the Federal Circuit Court (FCC).
1. VISA REFUSED or cancelled?
Appeal to the Administrative Appeals Tribunal
Note: You must lodge your appeal within 21 days (generally)
Appealing to the AAT
If your Visa has been cancelled or refused, you can appeal to the AAT. In most cases, you must lodge an appeal within 21 days of being notified of your Visa cancellation or refusal – however, this can vary depending on a few factors such as how you were notified, or the type of Visa being dealt with.
The AAT can either agree or disagree with a decision made by the Department of Home Affairs. If it agrees with the decision, they will affirm that your Visa should have been cancelled or refused. However, if they disagree, they will remit the decision and refer the Visa application back to the Department for reassessment.
Therefore, it is crucial to have a Migration Lawyer represent your case to the AAT in order to follow the process properly, promptly, and provide evidence and information that has a high chance of satisfying the AAT.
If the AAT affirms the Department’s decision that your Visa should be cancelled or refused, you may still be able to lodge a further appeal or review with the Federal Circuit Court (read below).
2. HAS THE AAT AFFIRMED THE DECISION?
Appeal to the Federal Circuit Court
Note: You must lodge your review application within 35 days (generally)
Appealing to the FCC
If your appeal to the AAT has been unsuccessful (that is, the AAT has affirmed the Department’s decision), you may be able to request a further review of the decision by the Federal Circuit Court (FCC). There are a range of decisions that the FCC can review, however, there are also some decisions it cannot review.
The FCC requires your application for review to be submitted within 35 days of the AAT’s decision. You may apply for time extensions, however, the FCC is generally strict with the time limits and you must explain why you need more time.
Having the experience of a Migration Lawyer to represent your appeal or review will ensure that the entire hearing process is followed correctly, and that your best case is presented to the FCC to maximise your chances of success.
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Our Migration Lawyers Can Help You
Appeal a Visa Cancellation or Refusal
Our Migration Lawyers
Can Help You Appeal a Visa Cancellation or Refusal
If you need to appeal or review a decision made on your Visa, our Migration Lawyers in Melbourne can represent your case in the AAT or FCC to give you the best chances of success.