Has your Australian visa application been refused, or your visa been cancelled? You may have the right to appeal to the Migration Review Tribunal (the Tribunal).
A visa refusal or cancellation can be incredibly stressful, but it doesn’t necessarily mean that your migration journey is over. You may be entitled to appeal the decision and ask for a review of your case at the Tribunal. Nearly all onshore visa applicants have the right to appeal.
Time is of essence …
When it comes to visa appeals, you need to move fast. Your refusal/cancellation letter will state how long you have to request a review. There’s generally a 21-day window to apply and this cannot be extended.
If you’ve recently received a refusal letter and want to discuss your options with a Registered Migration Agent, get in touch as soon as you can. We know how to deal with this matter and can advise you on the likelihood of success.
What does it involve?
The Tribunal is independent of the Immigration Department (the Department). They can overrule a decision if, for example, a Case Officer has made an error and your visa application has been unfairly declined. Case Officers are human and this does happen quite regularly.
In order to prove that your application is valid, you’ll need to provide the Tribunal with sufficient evidence. If you use a Registered Migration Agent to manage your appeal, they will work closely with you to produce a highly detailed submission. They’ll also determine whether your application could be strengthened through the addition of statements from community organisations, employers and family members. Each refusal is assessed on a case-by-case basis.
What about your current visa?
If your appeal is lodged within the time limit then your current visa will remain valid until a final decision has been made. For example, if you’re on a bridging visa with work rights, you can continue to work.
What will happen at theTribunal?
Once your appeal has been properly reviewed, the Tribunal will either uphold the original decision, request that your application is reconsidered by the Department, or completely overturn the decision.
If your application is sent back to the Department for review, it is highly likely that the refusal will be reversed. If the decision is overturned or if the Department approves it, you’ll be refunded 50% of the Tribunal fee.