If your visa has been refused or you have received a notice of intent to cancel your visa, then you should seek legal help immediately. The right to appeal these type of decisions is subject to strict timeframes so do not waste any time in getting help.
How do I challenge a refusal or cancellation?
An application for review can be filed with the Administrative Appeals Tribunal (AAT) and depending onf the type of matter the application for review will be heard either at the Migration Reivew Tribunal or Refugee Review Tribunal. If the Tribunal agrees with the decision of the Department of Immigration and Border Protection to refuse or cancel your visa, then it may be possible to apply to Federal Circuit Court of Australia to have the decision reviewed.
The Court can review some decisions made under the Migration Act 1958 (Cth), but only those which have been affected by a ‘jurisdictional error’. A jurisdictional error may occur when the body making the decision about your visa:
- identifies the wrong issue
- asks the wrong question
- ignores relevant material
- relies on irrelevant material, or
- incorrectly interprets and/or applies the relevant law to the facts.
The court process can be complex and can involve significant court fees. We can advise you about whether you should apply to the Court for review and also represent you in court proceedings if you decide to go ahead.
If the Court finds that a mistake was made when applying the law to your visa application, the Court will send your case back to be reconsidered. This gives you another chance to show that you are entitled to the visa.
Importantly, applications for review must be filed with the Court within 35 days of the date of the migration decision.
If you have received a negative decision about your visa, don’t delay in contacting us.
If you need further information don't hesitate to contact us 0477 269867 or by email firstname.lastname@example.org