Why is My Visa Under Review?

Migration is a complex area of law. As a result, there’s a lengthy list of things that may result in your visa coming under review. Some common examples include:

  • Remaining in Australia after your visa expired
  • A condition of your visa has been breached, resulting in cancellation
  • Your new visa application has been refused
  • Important correspondence about your visa was missed

When you need comprehensive legal advice and support during what can be a difficult time, Migration Mind is here to help you through the visa appeal process. Contact us online or call 07 3012 6359 and we will get back to you.

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Get the Right Knowledge & Support When Appealing a Visa Decision

When you are facing a problem with your visa, it can be highly stressful. Our experienced migration solicitors are here to help you and can assist in a number of ways. We can:

  • Let you know your options to regularise your status while remaining in Australia
  • Prepare an application for review on your behalf
  • Advise you on detention release
  • Arrange for voluntary departure from Australia
  • Advise you on your chances of being able to return to Australia

As qualified migration lawyers, we’re highly skilled at what we do. So, no matter how complex your migration issue is, we have the tactics and solutions to deliver the best outcome possible.

Has Your Visa Been Refused? – Appealing a Visa Refusal

The Department of Home Affairs is responsible for considering all valid visa applications and are the body who are ultimately responsible for deciding whether to grant or refuse a visa.

In most cases, you will be notified by the Department once a decision has been made

If you have received a decision that your visa has been refused it is important that you get advice fast. There are strict time limits in place for making visa review applications, so once you find out about the refusal, contact us right away for a consultation to discuss the appeal process.

Bridging Visa

When you appeal a visa refusal, in most cases, you will hold a Bridging Visa while waiting for your decision. This will expire 28 days after your decision has been made.

If you do not leave after the 28 days (and you do not hold or apply for another visa or for a review of the decision) the bridging visa will cease. This means that staying in Australia after this is unlawful.

Be aware that the time limit for applying for a review may expire before the bridging visa does.

How to Appeal a Visa Refusal Decision

Firstly, not every decision made by the Department is reviewable. We can help you find out whether a visa refusal appeal is valid or not. Reviewable decisions fall into two broad categories.

  1. Decisions made in respect to applications onshore
  2. Decisions made in respect to applications offshore (overseas).

As a general rule, visa refusal decisions made onshore have 28 days to seek review and decisions made offshore have 70 days to seek review.

If your visa has been cancelled, shorter time frames apply.

The decision you receive from the Department will generally state the time limits which you face.

Has Your Visa Been Cancelled? – Appealing a Visa Cancellation

The Migration Act requires that you hold a valid visa at all times when you enter and remain in Australia. You also have to stick to the conditions on your visa. If the Department of Home Affairs finds that you have breached your visa – whether you knew about it or not – your visa can be cancelled.

Note that your visa can only be cancelled when grounds for cancelling it exists.

The power to cancel a visa is discretionary in most cases, which means that while the Department of Home Affairs has the power to cancel your visa, they do not have to.

Because of this discretion to cancel, we can assist your case by preparing persuasive submissions on your behalf. The purpose of this submission is to give the decision-maker reasons not to cancel your visa.

How to Appeal Your Visa Cancellation

If you have received a decision from the Department, cancelling your visa, you may have the right to appeal this decision at the AAT.

There are advantages to the AAT including:

  • It is an independent body from the Department of Immigration.
  • The presiding member of the tribunal can make a fresh decision on your application.
  • The tribunals are required to conduct the review in a manner that is fair, just, economical, informal, quick, and independent.

When you are represented by a migration lawyer at an AAT hearing, this has the power to have a significant impact on the outcome of your application. 

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visa judgement
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How Much Does It Cost to Review a Migration Decision?

The AAT’s current cost for filing an application for review is $1,826.00. If you are successful, you will receive half of the fee back by way of a refund.

There is no charge to review refugee matters; however if the decision is unsuccessful, you will be required to pay $1,826.00 to the tribunal.

How Our Migration Lawyers Can Help

At Migration Mind, we understand that your case is an emotional and financial investment. We provide realistic advice and take a long-term, strategic approach to what you can achieve.

Here is what you can expect when you work with us:

  • We will sit down with you and discuss your options, advise if an appeal can be raised and the likelihood of success.
  • We will assist with the application process and advise you on your visa rights to deliver the best possible outcome.
  • We go above and beyond for our clients, even if you are unsuccessful at the administrative appeals tribunal.
  • We are not afraid to look beyond an outcome at the AAT, including opening the door to other strategic options.
  • We provide support and information during this time and always let you know where you stand in relation to your status in Australia.

If you’re facing a difficult migration matter, turn to our experienced and qualified team of migration lawyers for help. At Migration Mind, we are well equipped to help you through the visa appeal process from start to finish. Contact us online or call 07 3012 6359 to arrange a consultation.