Appeals and Reviews Consultation
Cases related to cancellation or disapproval of visas by Australian authorities are not uncommon- applicants with a criminal history or committing offenses while in immigration detention cannot submit their visas. The Administrative Appeals Tribunal (AAT) reserves all the right to reviewing and accepting a visa after any such episodes. However, you will get the opportunity to appeal the decision if your visa application to visit, enter, or remain in Australia is turned down. The Administrative Appeals Tribunal’s Migration and Refugee Division handles decisions on general visa applications and decisions on defense visas. Let’s look at how the proceedings go and how you can navigate through it with ease.
Visa appeal and the role of AAT (Administrative Appeals Tribunal)
There are numerous grounds on which immigration offices may not accept your visa. In such a case, the applicant may submit their visa to the Department of Home Affairs for review. But should this fail, the applicant reserves the right to ‘appeal’ the Tribunal to make a decision.
What is an appeal?
The act of determining and settling these unique cases and reviewing decisions about student, partner, family business, or skilled visas refer as ‘making an appeal.’ It is pertinent for you to seek legal aid when a notice is sent to you regarding the cancellation of a visa on such grounds as illustrated above. A person should file an appeal within a certain amount of time. The amount of time you have depends on the sort of decision you’ve made and whether you’re in immigration custody. You cannot extend the limit in any way.
The Role of AAT
The Administrative Appeals Tribunal (AAT) reviews administrative decisions taken under Commonwealth laws on a merits basis. It examines decisions taken by Australian government ministers, departments, and agencies and decisions made by state governments and non-government organizations in restricted circumstances. The AAT is not allowed to go out of its way to review any decision. It can do so only after receiving an order from the law for the same. About 400 Commonwealth Acts and statutory instruments are subject to scrutiny by the AAT, among which migration and refugee visas and visa-related decisions fall.
The AAT is allowed to review certain decisions authorized by a delegate of the Minister for Immigration and Border Protection under the Migration Act 195. These include denying or canceling a visa, including a protection visa, on character test grounds under section 501 to deny or cancel a visa, including a protection visa, on character test grounds under section 501. Also, it is not to revoke the required revocation of your visa on character test grounds under section 501CA and to refuse a protection visa on character grounds under sections 5H(2), 36(1C), or 36 (2C).
A visa decision can be appealed to the Tribunal for a fee. When you apply, you will most likely be required to pay a fee of $1,862. If the Tribunal rules that your request for review is invalid, you will receive a full refund.
The step-by-step process of AAT
You can apply to their official website by registering yourself as a user. You can also apply in writing by filling in an application form or email (size limit 10MB) or Letter and must remain wary about the time limits as it may vary from case to case. After then, you may also send the application by post, email, or fax.
Applying for review of a decision to refuse a protection visa
For protection visas, there is a separate appeal procedure. You must request a reversal of the decision from the Tribunal. You have seven days to file an appeal if you are in immigration custody. You have 28 days if you are not in jail.
Applying for review of a decision to refuse or cancel a visa on character grounds
Following a Notice of Intention to Consider Cancellation, if the Department has denied or canceled a visa on ‘character’ grounds, you may appeal to the Tribunal. There are some examples of character grounds like a criminal record that includes a 12-month or longer term for crimes committed while in immigration custody.
An appeal to the Tribunal must be filed within a certain amount of time. If you are in Australia and your visa has been denied or revoked due to your character, you will have nine days to file an appeal from the decision date. The Tribunal cannot extend this time limit.
However, in cases where the Tribunal’s decision seemed unjust or failed to review your case accurately, you still appeal to the Federal Circuit Court or Federal Court. It is a unique type of appeal. You must demonstrate that the Tribunal made a legal error when it handled your case. The grounds for appeal are incredibly narrow, and you will almost certainly require legal assistance.
