Visa Appeals

At AH2 Legal, we provide a wide and full range of services to help guide our clients, drawing on the extensive experience of our skilled professionals which includes knowledgeable Immigration Lawyers and Registered Migration Agents.

Administrative Appeals Tribunal (AAT)

The Administrative Appeals Tribunal deals with merits review. In a merit review, the Tribunal puts itself in the shoes of the original decision maker and review the merits of the decision by reconsidering the facts, law and policy aspects relevant to the original decision, and come to a decision as to whether the original decision is correct and therefore be affirmed, or whether a correct and preferable decision should be made.

There is a strict time limit from when a decision has been made to when the application must be lodged. You must immediately seek legal advice on your best course of action and whether an appeal at the Tribunal is viable.

If an application to the Tribunal is deemed appropriate, we will advise you on how best to approach such an application so that the Tribunal can consider your evidence from a fresh perspective which gives you a “second chance” at having your application dealt with.

Federal Court Appeal – Judicial Review

Decisions of the Immigration Department in relation to a refusal or a cancellation of a visa is a type of administrative decision. In coming to an administrative decision, the decision-maker must follow the correct legal process. If the decision-maker failed to follow correct legal process in making a decision, it can be challenged via judicial review by appealing to the Federal Court of Australia.

If the Court finds that a decision is unlawful, the Court has the power to:

• declare a legal position, for example: that the decision is legally incorrect;
• order that the decision be quashed and or set aside;
• order that the decision-maker follow the correct legal process and re-make the decision; or
• Order injunctive reliefs.

There are many grounds of judicial review, including but not limited to:

• Lack of jurisdiction;
• The decision-maker acted beyond its responsibilities or acted with improper purpose;
• An error of law, where the decision maker wrongly applied the law;
• The decision-maker, when coming to a decision, acted very unreasonably that no reasonable decision-maker could reach that decision; or
• The decision-maker wrongly took into account of irrelevant considerations or failed to take into account relevant considerations.

Ministerial Intervention

Under certain circumstances, it might be possible to seek ministerial intervention after receiving a negative decision from the Tribunal. Under the Migration Act, the Immigration Minister has the power to intervene and grant a visa on public interest grounds.

There are certain circumstances where the Minister is unable to intervene even after a decision by a Tribunal. These include:

• the decision to not grant a visa is not a decision that can be reviewed by the relevant review tribunal;
• the review tribunal has sent your case back to the department for further consideration and one of the decision-makers has made a subsequent decision on the visa;
• your review tribunal decision was made before 1 September 1994;
• a finding by the tribunal that the application made to the tribunal was invalid as it was not made within the required timeframe; or
• a decision of the Tribunal that is not in respect of a reviewable decision or a protection visa decision.

In determining whether to exercise the power to intervene, the Minister looks at the submissions from different perspectives. These perspectives generally requires consideration of vital issues such as the public interests, the interests of Australia as a nation, and other interests such as economic, trade, or cultural interests.

Request a Consultation

Find out how we can help you with professional and straightforward legal solutions to resolve your matter promptly.

Contact us for more information or to arrange for a consultation with our experienced Immigration Appeal Lawyers in Perth, Melbourne, or Adelaide.