Visa Refused or Cancelled
Reviewing Migration Decisions
Has your visa been refused/cancelled? or Are you having problems with your visa?
There are a number of ways you can appeal a decision of the Department of Immigration, this process is called a “review”. You can apply for:
This means that the decision of a Case Officer may be reviewed on its “merits”, rather than the lawfulness of the decision. In other words the person seeking the review believes the decision of the Case Officer was wrong, not necessarily a breach of their powers under the law.
Unlike “merits review”, this is where a Court looks at the way on which an administrative body or Tribunal exercises its power under the law. The Judicial system in Australia is severely restricted by statute law in hearing migration decision. You may only appeal to the Courts if there is ‘jurisdictional error’ affecting the Tribunals decision.
There are very strict time limits that apply to all reviews, so it’s very important to get legal advice immediately. At the Tribunal you may NOT appeal out of time.
No. The Migration Act tells us which decisions can be reviewed. Some of the decisions that can be reviewed (in general) are:
Immigration Law Matters is experienced in providing advice and handling review matters in a professional and sensitive manner.
We will advise you of you prospects of success and all the relevant documentation and support witnesses required to win you case.
We will prepare a lengthy legal submission on your behalf and actively research your case with case law. Our main aim for Tribunal Appeals is to have the case ‘decided on the papers’. That is, receiving a favorable decision without you having to attend the hearing.
We have represented many clients and achieved successful outcomes. Some of the difficult cases we have handled include: Bogus Documents, Unlawful Criteria, Failing the Health Requirement , Character Cancellation and Student Visa Cancellations and Refusals.
All of our Professional Fees for review cases and Ministerial Intervention are charged as a lump sum payment. We do NOT charge per hour. Our staff may also be able to see you outside work hours (at no extra cost) if your case is being heard soon.
Feel free to send an email inquiry / call if you would like discuss ANY problems that you may have with the Australian Department of Immigration and Citizenship. Alternatively, you may wish to complete our General Inquiry Form.
All matters are treated with the strictest rules of confidentiality.