If you are refused a visa, citizenship or have your Australian visa cancelled you can appeal the decision.
Appeals can be made in the following order Administrative Review Tribunal, Judicial Review (Federal Courts) or Ministerial Intervention Request
Should your visa or citizenship application be refused you can seek a review of the merits of the decision at the ART. The ART has the power to:
The ART process allows for you to provide new or updated evidence of why you meet a criteria and the Tribunal Member deciding the case is completely independent from the Department of Home Affairs.
Having appeared before the ART in many cases, we are able to help you prepare your strongest possible case giving you a greater chance of success on appeal. The appeal process can be lengthy and we will be with you every step of the way.
If your case is not successful on review at the Administrative Appeals Tribunal you can seek judicial review of this in the federal courts. This option is only available if the Tribunal Member made an error of law in your case.
Before lodging federal court proceedings we recommend you have your AAT decision reviewed by us to determine if an error of law may have been made
Should all other avenues of appeal be exhausted the Migration Act (Cth) allows you to appeal to the Minister of Immigration, Citizenship and Multicultural Affairs (‘The Minister’) directly. The Minister has the broad powers to set aside an unfavourable decision and grant another visa for you.
The Minister usually only intervenes in unique cases if it is in the public interest to do so.
The Minister has developed guidelines to assess requests for his/her assistance.
Before submitting a Ministerial Intervention Request we recommend you seek advice to give your case the best chance of success.
Prosper Migration Lawyers is a leading immigration law firm in Australia that provides expert immigration advice and assistance to businesses and individuals. We provide bespoke solutions for our clients to ensure that their migration journey to Australia is a success.
