AAT Appeal
AAT Appeal
AAT Appeal
Have you been refused an Australian visa, or has your visa been cancelled? Do you disagree with the decision? You may apply for a review of the decision to the Administrative Appeals Tribunal (AAT). We at Way2Oz specialise in visa appeals, visa cancellation and visa refusal. We can advise on your chances of success when seeking a review of your visa refusal.
Why is my visa refused?
Why is my visa refused?
Visa applications can be refused for a number of reasons, e.g. but not limited to:
- Invalid passport.
- Failure to meet the eligibility requirements relevant to the visa applied.
- Failure to answer additional requests.
- Failure to meet health requirements.
- Character issues.
- False or misleading information.
- Disingenuous relationships for Partner Visas.
- Disingenuous position for work sponsorships.
- Lack of proficiency in the English language.
- Breach of previous visa conditions.
Can I appeal a visa refusal decision?
- If you have the right to appeal the decision.
- The timeframe in which you can appeal.
- The relevant appeal body where you can appeal.
Most appeals are filed with Administrative Appeals Tribunal (AAT). However, some visa refusal decisions are appealed to the courts.
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What is the AAT appeal process?
The general appeal process is as follows:
- Lodging your appeal application to the AAT.
- AAT will send you confirmation of the application letter.
- Preparing your appeal case.
- AAT will send a hearing invitation letter.
- Attend the hearing with your migration lawyer (if you are represented) and your witnesses.
- AAT may ask for more information or documents
- AAT decides in your visa refusal case.
What is the time frame for review?
It is important to note that strict statutory time limitations apply. This means that if you do not submit your review application within the specified time limit, you will lose the opportunity to have your decision reviewed. Read your visa refusal notice carefully, as it advises the timeframe available to lodge the appeal.
As part of our service, we at Way2OZ will discuss the merits of any proposed appeal, prepare submissions in your application's support and manage the process of appeal for you, including representation at any associated hearings.
Please contact us for advice on how best to proceed in the event of lodging an appeal.
What do I do about a visa refusal decision in Australia?
What do I do about a visa refusal decision in Australia?
You have a right to appeal for most of the visa refusals. If you were refused a visa in Australia, you might be eligible to have the decision reviewed by the AAT through an appeal. For this, you will have to submit your application, pay the fees, prepare your case, and attend the review hearing. Since lodging an appeal requires a detailed assessment which can be complex if you do not understand how Australian migration laws apply to your case. Here's where our team at Way2Oz can help you. We have an experienced team of migration agents who will assess your case to determine if you are eligible to appeal the visa decision. We will advise you and help you proceed with your appeal within the time frame.
What if my visa was refused while I was outside of Australia?
What if my visa was refused while I was outside of Australia?
Can I stay in Australia while my visa refusal appeal is pending with AAT?
Yes, you can stay in Australia. You will be granted a Bridging visa, usually with work rights, while your visa refusal application is in the appeal process. It would allow you to stay in Australia legally.
What to do on receiving a Notice of Intention to Consider Cancellation, or if my visa has been cancelled?
- On receiving a Notice of Intention to Consider Cancellation from the Department, you must submit a well-represented and detailed response advocating your position to the Department, which they must consider.
- If you have had your visa cancelled, you may have the ability to have the cancellation reviewed at the Administrative Appeals Tribunal (AAT) or relevant Courts.
Way2OZ have successfully represented many visa holders (and former visa holders) to avoid visa cancellation. We can work with you to structure a strong response to the Department to seek the cancellation be revoked. We can work with you to prepare for and represent you at the Administrative Appeals Tribunal for the decision to be overturned.
Registered Migration Agents at Way2Oz Migration Services are available to discuss the particular circumstances of the relevant cancellation notice and advise on the options available based on the specific situation and DHA notification letter.
Providing personalised guidance to onshore and offshore applicants to successfully migrate to Australia.
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