Had a visa refused or cancelled?
 

If you have had an application refused or a visa cancelled, we can help!

Most refusals and cancellations carry a right of appeal to the Administrative Appeals Tribunal (AAT). This is a merit review process – the Tribunal will assess your application independently of the Department of Immigration. At Triumphal Migration we map your appeal prospects in our first meeting and provide a full-service case management right up until a final decision is made by the Tribunal. We will be with you every step of the way.
 

• referral to expert opinion witnesses

• preparing and lodging written submissions

• development of a “plan b” (eg. making a new application in parallel)

• development of strong arguments

• ensuring your appeal is lodged in the right way and on time (very critical)

• assist you in obtaining sufficiently credible evidence

• attending the hearing with you and defending your right to a lawful hearing

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Experiencing a visa refusal can be a very stressful period in your life, and most of the time applicants are unaware of their rights and appeal grounds. The Triumphal Migration team of experienced migration agents can assist you with your visa rights and the application process by virtue of drafting submissions to the AAT and giving you a clear pathway for ensuring a successful outcome.

 

 

About AAT Migration Appeals

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The Administrative Appeals Tribunal (AAT) is an  independent authority responsible for hearing visa appeals and reviewing visa cancellations. 
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The AAT cannot extend the time for making a valid appeal application so an application for review must be lodged within the time period identified in the visa decision notification letter. In conducting a review of migrations decisions, the AAT will consider the case afresh and have the power to change the decision under review.
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The Migration Act and the Migration Regulations specify the migration decisions that can be reviewed, who may seek a review of a migration decision, how an application for migration review must be made, the time limits within which applications for review must be lodged, and the AAT application fee payable. The AAT has no power to make exceptions.

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Difference between Visa Refusal and Cancellation

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Visa refusals are different to visa cancellations in many ways. Importantly, visa cancellations tend not to be made with prior notice. Visa cancellations usually have far more serious consequences than visa refusals. If you can appeal your visa cancellation, you only have 7 days to lodge the appeal if your visa is cancelled, but if your visa is refused, you’ll usually have 21 days to appeal.

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Why should you appeal?

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Although appealing doesn’t guarantee a favourable outcome, many see AAT as a second chance. It is important to understand that AAT Members can’t review or alter the law. They can, however, review most of the ‘discretionary’ conclusions made by visa officers. In any case, there are four possible outcomes from this process:

• A decision to affirm
• A decision to vary the primary decision
• Substitute the primary decision
• Remit (return) the matter to the Department of Home Affairs (DOHA) for reconsideration with specific directions

 

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What is the process for an appeal in the AAT?

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The general process of an AAT appeal in the Migration and Refugee Division is as follows:

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1. Lodge your appeal application to the Administrative Appeals Tribunal

It is very important to do lodge your application within the provided time frame, which can be as little as 2 days. The best way to lodge your application is online.

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When applying for an immigration appeal be sure to upload the required supporting documents needed to immediately begin the appeal process. This is normally the email or letter notifying you of the refusal or cancellation of your visa and a copy of the decision. You will be allowed to provide further documents to the AAT at a later stage.

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You should also pay the fee if required. Some AAT appeals are free or you may be eligible for a reduced fee. After that, you will receive a confirmation of application letter from AAT. 

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2. Preparing your appeal case

We recommend that you carefully read the Department of Home Affairs decision and the reasons your application was unsuccessful. The best strategy for case will depend on your individual circumstances. Often it will involve:

Preparing a statement outlining your explanation of different aspects of your case
Obtaining supporting evidence such as medical reports or letters of support
Identify people who could be witnesses to support different aspects of your case
Doing legal research to explain why your case should win at the AAT 

3. Receiving a hearing invitation letter from AAT

Prior to the hearing the AAT may also ask you for further information or certain documents to help complete their assessment of your appeal. Even if the AAT does not request it, we generally recommend you provide the AAT with updated information and documents explaining why the Department of Home Affairs made the wrong decision in your case.

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In some cases the extra information or documents you provide may mean a hearing is no longer required and a positive decision is made on your case. However, this is quite uncommon.

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When you receive the hearing invitation letter you should complete it and return to the AAT. This generally requires you to confirm if you need an interpreter for the hearing and to include the details of any witnesses you may plan to bring.

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4. Attend your AAT hearing with your witnesses and migration agent (if you are represented)

The AAT hearing is an important opportunity to explain your circumstances in person and to answer any questions the Tribunal member may have. The AAT will provide you with an interpreter if you need one. You can bring witnesses to the hearing to provide evidence as well. You should tell the AAT in advance if you plan to bring witnesses with you. During the process, your migration agent will provide legal arguments in support of your case.

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5. The AAT may ask for more information or documents

In some cases the AAT will ask for further information after the hearing based on issues that were raised. This may include medical reports, letters of support or other documents.

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6. The AAT makes a decision in your case.

When assessing your case, the AAT will undertake a review of all of the facts of your matter, including new information and the reasons behind the original decision. In some cases, a decision may be given on the spot at the hearing but generally you will receive this after the hearing. It can take anywhere from 2 weeks to 2 years to receive an AAT decision.

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If the AAT makes a decision in your favour, generally speaking, the matter will be remitted back the Department of Home affairs where they will typically either revoke the visa cancellation or grant the refused visa.

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If your immigration appeal is unsuccessful you may be able to further appeal the matter to the Federal Circuit Court or Federal Court of Australia. 

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Why should I use a Migration agent for an AAT appeal?

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We often see people submitting the review application on their own. This is completely appropriate when there is a clear administrative error. However, not all cases are the same. Many times we see clients present an emotional case with no regards to the legislative provisions. Our job is to meticulously assess your situation and express it in the most compelling manner. Once we take you in as a client, we’ll submit your appeal and be with you during the hearing. We’ll also write a statement highlighting your personal circumstances, ties with Australia and relevant precedents applicable to this decision. We will also communicate with AAT on your behalf, and keep you posted on the progress.

 

We have represented clients who have been refused based on a large variety of grounds and for all visa types. The AAT has confirmed that the likelihood of success is much greater when using a registered migration agent for your appeal.

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