If the Australian Department of Home Affairs (the Department) refuses your application for a visa, you may be eligible to apply for a review of the decision at the Administrative Appeals Tribunal (the Tribunal).
If your visa was an employer sponsored visa, you may need to request that your sponsor apply for review by the AAT too. We can help you understand the correct process of applying for review with the Tribunal so that you can remain in Australia while the review process is underway.
If the Tribunal decides that an applicant meets the criteria for a visa, it will send the visa application back to the Department to be reconsidered.
For example, if the application was for a refugee or Protection visa and the Tribunal decides that the applicant is a refugee or a person owed complementary protection in Australia, the Tribunal will send the application back to the Department with a direction that the applicant is entitled to protection.
This does not mean that an applicant who receives a positive decision from the Tribunal will automatically be granted a visa. Other criteria must also be satisfied.
If your visa application has been refused by the Department, you only have a limited amount of time in which to apply for review to the Tribunal. The Tribunal cannot extend the application period even if you have a strong case. You must also ensure that you maintain your visa legal status if you are in Australia with a visa refusal. If you are unsuccessful with your initial visa application, you should consult an experienced immigration lawyer immediately.
While the Federal Circuit Court, the Federal Court and ultimately the High Court of Australia can review the legality of the decision-making process, an application to the Tribunal is your last chance to have an independent body decide your visa on their merits. The potential impact of a negative Tribunal decision is therefore enormous. We strongly recommend that you speak to a lawyer with experience in Tribunal applications and hearings.
Craddock Murray Neumann Lawyers has practised in immigration and refugee law for over 30 years. We have helped thousands of people with their applications for protection in Australia, including with applications to the Tribunal. We continue to assist many people with their review cases and appear at Tribunal hearings. It is therefore very important that you have the assistance of an experienced immigration lawyer with your application to the Tribunal.
If you are seeking assistance in the Tribunal, schedule a consultation with one of our highly experienced lawyers today.
If the Department of Home Affairs has refused your application for a Temporary Protection visa (TPV) or a Safe Haven Enterprise Visa (SHEV) and your application was processed under the Fast Track Assessment Process, you will not be able to apply to the Tribunal for a review of the decision.
Instead, the Department may directly refer your case to a review body called the Immigration Assessment Authority (IAA). You cannot apply to the IAA yourself.
The IAA will conduct a limited review of your case based on the information already before the Department at that time of its decision. You will only be able to provide new information or be invited to an interview by the IAA in exceptional cases.
Some cases will not be referred to the IAA at all. If the Department decides not to refer your case for review to the IAA, you may still be able to seek a review of that decision in court if there has been an error of law in the Department’s decision.
If your TPV application was subject to the Fast Track Assessment Process and has been refused, our experienced immigration lawyers can advise you if your application has been referred to the IAA, or on whether the Department has made an error of law in its decision on your application. Please contact us to speak with one of our experienced immigration lawyers.
The next steps are to ensure that you have carefully put forward the best possible arguments forward to convince the Tribunal Member why you meet the visa criteria.
Craddock Murray Neumann Lawyers have more than 30 years’ experience in applying for reviews of Visa Refusals. We have particular expertise in protection, refugee and humanitarian visas on behalf of asylum seekers and refugees. We have extensive knowledge and professional immigration lawyers who can assist your family in family visa refusals, student visa refusals and employer sponsored visa refusals.
This page provides a summary of immigration law as at September 2021. Australian immigration law is complex and it changes regularly. We therefore recommend that you contact us without delay to speak with one of our experienced immigration lawyers if you are considering applying for a review of a visa refusal.
You must act quickly to ensure that you appeal the visa refusal within the 21 day time frame as there is no extension of time available and you must also appeal your decision in time to maintain you legal visa status.