Appealing a visa refusal or visa cancellation in Australia is indeed a time-sensitive and structured process. We can help you with this process. Here's an outline of the key steps involved and considerations to keep in mind:
1. Determine Eligibility for Appeal
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Not all visa refusals can be appealed. Whether you can lodge an appeal depends on:
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The type of visa.
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The reason for refusal or cancellation.
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Your location at the time of the decision (onshore or offshore).
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Generally, appeals for decisions made by the Department of Home Affairs can be reviewed by the Administrative Review Tribunal (ART), except in cases involving Ministerial decisions or specific exclusions.
2. Understand the Refusal or Cancellation Grounds
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Carefully review the decision record provided by the Department of Home Affairs. It will outline the reasons for the refusal or cancellation, helping you identify the aspects to challenge.
3. Check Timeframes
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Time limits for lodging an appeal vary but are strict:
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Character grounds refusal or cancellation: Only 9 days to appeal.
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Other visa refusals: Typically 21-28 days, depending on the circumstances and visa type.
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Ensure you lodge your appeal before the deadline, as late applications are not accepted.
4. Submit an Appeal to the ART
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Lodge your application for review
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Pay the ART application fee, which may vary depending on your visa type (fee reductions may be available for financial hardship).
5. Prepare Your Case
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Gather evidence to support your claim.
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We can help to strengthen your appeal.
6. Attend a Tribunal Hearing (if required)
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The ART may schedule a hearing where you’ll have the opportunity to present your case.
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We can help you by attending with you. We can help to prepare you, so you explain why the decision should be overturned and address any concerns raised in the cancellation or refusal notice.
7. Wait for a Decision
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The ART will review your application and make a determination. Outcomes may include:
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Upholding the original decision (refusal remains).
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Overturning the decision (visa granted or reconsidered by the Department).
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8. Explore Further Options
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If your appeal is unsuccessful, you may:
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Seek a judicial review (if legal errors occurred).
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Apply for a Ministerial Intervention, though this is discretionary and not guaranteed.
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Important Note:
Seek our professional advice early to ensure you understand your rights and options. Strict deadlines and complex requirements make timely action crucial in visa appeals.
Contact us today on 0421399697 or book a free consultation urgently