Administrative Appears Tribunal visa appeals.
The basics:
We manage your visa appeal from start to finish. This is important after a visa has been refused. We usually will attend the Tribunal Hearing with you wherever practical but in all cases we will be giving you full support. On some occasions Tribunal Hearings are by telephone, if this happens we will work out the best approach. We make sure you and anyone else involved are well prepared for it. Hearings can be very stressful but we help you manage this by preparing your case well and supporting you. In particular we prepare the visa applicant if they are overseas and have not experienced the Australian immigration legal system before. Visa refusals are not to be taken lightly.
Look at how many AAT Appeals (now the Migration and Refugee Division (MRD) of the Administrative Appeals Tribunal – AAT) there are each day~ you need expert advice to be in the few that succeed. Daily Hearing Schedule (available on business days only). Many appellants don’t get expert advice and usually do not win. You have a very short time to appeal a visa refusal.
We manage visa cancellation and visa refusal appeals in all Eastern states of Australia. Your location is not a problem to us and many of our clients are overseas. We will take a logical approach to your case to keep costs as low as possible and develop a plan to give you the best chance of success.
What decisions can be appealed?
- Almost all visa cancellation and refusals in Australia
- Many visa cancellation and refusals made overseas where there is an Australian sponsor
- Some other special cases – we will guide you
- All decisions where the letter from the Department advises the decision can be appealed
Partner visa refusal appeals:
The partner visas that can be appealed include:
The visa applicant appeals the following:
Subclass 820 Temporary Partner visa refused (onshore).
Subclass 801 Permanent Partner visa refused (onshore).
Subclass 100 Permanent Partner visa refused (onshore).
Normally you have only 21 days to lodge the appeal.
The sponsor appeals the following:
Subclass 309 Temporary Partner visa refused (offshore).
Subclass 300 Prospective Marriage visa refused (offshore).
Normally you will have a longer time to lodge the appeal but delaying simply means the decision will be delayed.
Important information!
The refusal or cancellation letter from the Department will tell you about your visa appeal option and how long you have. This is always a very short time. If you miss this date you miss the chance to appeal, NO exceptions. Some decisions can be reversed with a successful appeal to the Migration Review Division (MRT or MRD) of the Administrative Appeals Tribunal (AAT) or Refugee Review Division but you MUST act quickly!
What must you do?
- A visa appeal application to appeal must be lodged urgently.
- Your location is not a problem to us and many visa clients are overseas.
- We prepared a very strong written submission to give you the best chance.
- It is complex and needs a well planned and extremely well written submission arguing your case.
- Visa appeal submission writing needs a very high level of skill and is best done by an experienced migration agent with excellent and native English legal writing skills. This is rare – we have huge experience in this with many successes.
Our fees are fair!
- The Government fee for the Migration Review Tribunal (MRT or MRD) is $3,000 (you may qualify for a reduced fee of 50%). If you are successful 50% of the fee may be refunded.
- Our visa appeal fee depends how complex the matter is but we charge below the average fee and we review your case and give you a quote free of charge. We quote each case depending on its complexity
- Where possible our fee will include attending the visa tribunal appeal with you – you are not alone! In some cases we may charge an additional fee for attending however we will advise this in our quote.
- On very rare occasions additional work may be needed. This may be because of additional issues raised while waiting for a Tribunal Hearing or during a Hearing. We attempt to predict all work but this isn’t always possible. However we attempt to give you a fixed quote as far as possible.
When do you get a decision?
This varies on the visa appeal type and is between 3 months to 18 months. If the visa holder is in Australia they usually are entitled to stay here and sometimes continue to work or study. If the visa holder is overseas there are some situations where the decision can still be appealed. We will advise you on this. The Migration Review appeal website advises of wait times on their website and Immigration sometimes gives you a period but we have noted that they are now being finalised more quickly. Every case is different however.
What happens if my appeal is not successful?
During our assessment we will identify if you meet the criteria for Ministerial Intervention (Ministerial Request) or an appeal to a higher Federal Court.. This can allow some unsuccessful appeal applicants to apply personally to the Minister for Immigration and Border Protection for a different decision from the of the Migration Review. You might also be able to appeal to the Federal Court although the grounds to appeal are very strict and this can be expensive, We will guide you. Only a small number of cases meet the criteria and are successful but it is an important extra chance for you. We look for every possible way to keep you in Australia. Sometimes you might be able to apply for another visa although you may have to leave Australia to do this. We can advise you!