Appeals
Facing a visa refusal or cancellation can be overwhelming. However, under Australian immigration law, there are legal pathways to challenge these decisions. Two primary avenues are available:
Merit Review
Judicial Review
Each process serves a different purpose and has its own requirements, timelines, and complexities.
Merit Review
Merit review involves a full reconsideration of your visa application by an independent tribunal. The decision-maker at the tribunal will assess the facts of your case afresh — as if they were stepping into the shoes of the original decision-maker.
Where to Appeal?
Administrative Appeals Tribunal (AAT): The AAT is the most common body for reviewing visa refusals or cancellations under the Migration Act.
For protection visas, the review may be conducted by the Immigration Assessment Authority (IAA) (in fast-track cases).
Strict deadlines apply from the date of the decision. The timeframe varies depending on the type of visa and how you were notified.
Judicial Review
Judicial review is not about re-deciding your case. Instead, it involves asking a court to determine whether the decision made by the Department of Home Affairs or the AAT was legally valid i.e., whether there was a legal error in the way your case was handled.
Where to Appeal?
Federal Circuit and Family Court of Australia
Federal Court of Australia (for more complex or second-instance reviews)
Visa refusals and cancellations are often complex and emotionally draining. Making the wrong move or missing a deadline can lead to serious consequences, including detention or deportation. Our immigration law team can Identify review options quickly and correctly, draft high-quality submissions and legal arguments, ensure you meet all deadlines and procedural requirements, communicate with the Department or Tribunal on your behalf, maximise your chances of success with strategic, informed decisions with your evidence in hand. Contact us today for a consultation!
*Disclaimer: The information on this page is provided for general informational purposes only and should not be considered legal advice. The content is subject to change over time. You should seek professional legal advice before taking any action based on this information.