If your application for a visa, enter or stay in Australia is refused, you may be able to appeal the judgment to the AAT. Likewise, if you have taken a visa to live in Australia and the visa has been terminated, you may be able to appeal that conclusion to cancel your visa.

These reasons will be involved in the visa refusal decision, and we advise that you read this carefully.
What are the reasons for a visa refusal?

• You did not know the visa requirements when you lodged the visa application or by the point in time a decision was made
• You did not fulfil complete information when you lodged your visa application
• You did not reply to a wish for further info about your visa application
• You not completed mandatory steps such as achieving a health examination
• You provided false or deceptive information
• You did not provide enough proof to support your application
• You do not meet the original grounds for the visa
• You do not meet the condition requirements for the visa

APPEAL TO THE ADMINISTRATIVE APPEALS TRIBUNAL

In most instances, if your visa application is refused, or if your visa is cancelled, you can appeal the judgment and apply to the Administrative Appeals Tribunal for facts review. Conclusions which can be reviewed consist of visa refusals, cancellations, refusals to allow a bridging visa, decisions to not accept a sponsorship or nominee, to name a few.

WHO CAN LODGE THE APPEAL?

In most refusal cases, the main applicant has the well to lodge the appeal. However, there are exceptions. For example, let’s assume that you have applied for a visa which can only be granted if you are outside Australia – and you are foreign, waiting for the decision. Your application gets refused. In this case, check rights are very restricted. If you were supported or nominated for a visa by an Australian citizen or PR, then they can apply the choice, but you can’t. IF you need any help for Lodge the petition, you can hire experienced [url]Immigration lawyers in Melbourne. https://ghothane.com.au/service/immigration-law/ [/url]

WHAT ARE THE GROUNDS TO APPEAL A DECISION?

When you appeal to the AAT, the assessment is called a “merits review”. This is because the AAT can believe all the facts and conditions of the case, as well as new facts. This means you can appeal if the unique decision maker applied their responsibility on a specific issue and the result is negative to you. For example, let’s say you applied for a [url]Australia partner visa[/url] and the decision maker looked at your association and decided that you have not been in a de-facto relationship long enough. You can appeal and disagree that the decision maker should have positioned more weight on other testimony. You can also gather more proof and argue that the new proof shows that your position is correct.

WHO DECIDES THE APPEAL?

A member of the AAT will choose the appeal. This individual is not employed by the [url]Department of Home Affairs[/url]https://www.homeaffairs.gov.au/. In other words, this is an external, objective review.

Do I need an experienced Immigration Lawyer?

It’s not mandatory but if you are critical about your concern then there are enough of reasons why you should be concerned about keeping a Immigration lawyer to speak for you:

• Before you appeal you should seek out legal advice about your possibilities of success. Though the legal advice will cost big bucks, if the guidance is that you have no real chances, then you shouldn’t appeal, and you have kept yourself in additional of $1,700 (that being the application fee).

• Australian migration law and preparation is complicated. You may believe you have legitimate grounds for an application. But your lawyer may recognize other points which make your case even clearer. If you have good proposals, your chances are better. Also, your Immigration lawyer can ask you if you require further proof to support your petition. If that evidence is correctly presented to the AAT, yet again, you increase your prospects of success.

Our migration lawyers are able to advise you on the best migration approach based on your situations if you have received a visa refusal. It is also essential to act quickly, as there are strict deadlines for pleasing a visa refusal.