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Australia’s immigration system allows for many decisions of government officials to be challenged and overturned. There are two possible avenues of review available should you wish to appeal a negative decision relating to a visa or citizenship matter.

Merits review

Many immigration decisions can be challenged in the Administrative Appeals Tribunal (AAT). In this type of review application, the Tribunal sits in the shoes of the original decision maker at the Department of Home Affairs and reviews the facts of your matter again from the beginning. If you are successful, the Tribunal may vary or set aside the original decision or remit the matter back to the original decision maker.

We also assist asylum seekers who arrived to Australia by boat with applications for merits review to the Immigration Assessment Authority (IAA).

CMN has extensive experience representing clients in merits review matters across all types of immigration issues, including visa and citizenship application refusals, visa cancellations and detention issues.

Judicial review 

If the Tribunal or Immigration Assessment Authority (IAA) make an error of law in deciding your matter at the merits review stage, you may have rights to appeal the decision to higher courts, such as the Federal Circuit Court of Australia, Federal Court of Australia and the High Court of Australia. This is called judicial review. These courts do not reassess the facts of your case, but rather determine whether the Tribunal of Immigration Assessment Authority (IAA) has decided your case appropriately in accordance with legal principles such as procedural fairness. If you are successful in your appeal, the courts may quash the decision of the Tribunal or Immigration Assessment Authority (IAA), and remit it back to the Tribunal or Immigration Assessment Authority (IAA) respectively for reconsideration.

CMN has represented clients at all levels of the judicial system in challenging migration decisions, working with accomplished barristers to ensure excellent and cost-effective advice and representation.

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