Appeals & Waivers
Visa Cancellation:
Appeals:
If your Australian visa application is ‘rejected’ or ‘cancelled’, and clients disagree with the decision or the outcome. There are avenues to appeal at either the Administrative Appeals Tribunal (AAT) or the Federal Court.
Failing to provide the appropriate information and evidence may result in the delegate making a decision based on existing information, which could lead to your visa being cancelled.
It is important to understand the Administrative Appeals Tribunal (AAT) does not have the authority to review all decisions. For instance, if the Minister for Immigration and Border Protection personally refuses or cancels your visa under section 501 of the Migration Act 1958, you cannot apply for review with the AAT.
Visa Cancellation:
Following a visa refusal, you generally have either 21, 28, or 70 days to apply for a review of the decision with the Administrative Appeals Tribunal (AAT). Prior to taking on representation at the hearing, the team provides clients with advice in relevance to their circumstances before a submission is made via a review application and manages the entire process on their behalf. Meeting the specified time-frame communicated by the Department of Home Affairs (DOHA) is crucial.
Ministerial Intervention:
This option becomes available after your visa has been rejected, and the refusal decision has been upheld by the Administrative Appeals Tribunal (AAT) with no further review options left. The success of your Ministerial Intervention request depends on your individual situation, including your visa history and the reasons for the initial visa refusal. However, if you do not meet character requirements, have specific visa conditions like condition “No further stay”, or are residing unlawfully in Australia, you may not be eligible for Ministerial Intervention.
Waivers:
A waiver allows you to submit additional claims and information to support your application and be considered based on your circumstances.
There are different types of waivers available, including:
- extensions for staying in Australia (including bridging visas),
- waivers for exclusion periods (bans from Australia),
- character waivers (related to criminal issues),
- health waivers, and
- waivers for visa conditions (such as No Further Stay).
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