When a visa is refused or cancelled, it is a shock for many, followed by stressful times. But, the good news is that majority of the decisions can be challenged to review. The appeals and reviews are also applicable to decisions made overseas, but within strict time limits. At CECA, we support applicants whose visa applications have been unsuccessful or have been cancelled. Primarily, we use two important avenues to appeal and have the decision reviewed – The Minister of Immigration and The Tribunals.
All the decisions related to the Immigration Department can be reviewed by the Migration and Refugee Review Tribunals (MRT), or the Administrative Appeals Tribunal (AAT). The Tribunals can consider all the circumstantial implications, facts and the laws to reconsider the decision. The appeals and reviews are generally second attempts for a visa in question.
Making an Appeal:
The Tribunal can review the decision if the Department of Immigration and Border Protection has refused a visa. The appeals include decisions about visitors, partner, student, family, skilled migrants, and all other forms of visas, other than the protection visa. All the appeals follow a strict time limit which depend on the type of decision taken against your visa application and circumstances. It is important to note that the time limits can’t be extended under any situation and the individuals should get immediate legal advice after the decision has been received. Moreover, if the applicant loses at the Tribunal, he/she can appeal to the Federal Court.
Reviewing a Decision to Refuse Protection Visa:
There are different appeal processes for the protection visa in the Tribunal, depending on the applicant and circumstances. If the applicant is in immigrant detention, the appeal has a time limit of 7 days. If the applicant is not in detention, the appeal has a time limit of 28 days.
Appeal Against Refusing or Cancelling a Visa:
If this has happened on the basis of character grounds, the applicant can appeal to the Tribunal. The appeal can be made only after receiving the ‘Notice of Intention to Consider Cancellation’. In this case too, there is a strict time limit of 9 days from the date of decision. There are other considerations if your visa is mandatorily cancelled. At CECA, our experts have all the updated information about appeals and reviews against decisions made on all types of visas. We recommend our clients to consult us for a thorough discussion and result-oriented approach.
At CECA, we are aware of all the conditions under which an application can be cancelled, a visa revoked or cancelled. We try our level best to help our clients to have a hassle-free appeals & reviews for all onshore and offshore applications. With our services, we ensure that your dreams to Australia are accomplished.
