Apeals

Merits Review

If your visa application is refused, you may be able to make an appeal to the Migration and Refugee Division of the Administrative Appeals Tribunal (AAT). Any refusal letter should have information on your review rights, as well as a deadline to make an appeal.

The Administrative Appeals Tribunal (the AAT) provide an independent review of decisions made in relation to visas to travel to, enter or stay in Australia. The AAT reviews decisions made in respect of many visas, such as visitor, student, partner, family, business and skilled visas.

Ministerial Intervention

After Merits Review, if the AAT affirms the decision that your visa application should be refused then there may be the option to appeal directly to the Minister of Immigration to intervene in your case. If the Minister chooses to intervene, they have the ability to grant any visa they see fit. .

Health Waivers

Some visa categories allow for a 'waiver' of the health requirements if the applicant or one of their dependent family members has a medical condition. This means allowing applicants to show that even though the potential cost of treatment may be deemed 'significant' they can mitigate some of the costs so they are not 'undue'. The Department of Immigration will take into consideration a wide range of factors, including (but not limited to) the actual cost of care/treatment, the applicant's employment history, assets and financial ability to pay for treatments, the potential impact on Australian family members, and ties to Australia.

Cancellations

There are a number of reasons the Department of Immigration may consider cancelling a visa. This includes a breach of visa conditions, providing false or misleading information, or character issues. If you are in Australia when your visa is cancelled, there may be an option to appeal the decision and have your visa reinstated. As such, you may be able to apply for revocation of your visa cancellation. If you wish to apply for revocation, please contact us immediately as there are very stringent time limits