Reviews & Appeals
STOP – if you have had a visa refused or cancelled, contact us immediately.
There are very strict time frames that apply to appealing refusal and cancellation decisions. It is important you contact us as soon as you –
- become aware that the Department is considering cancelling your visa;
- become aware that your application has been refused (whether you are an employer or a visa applicant);
- become aware that your visa has been cancelled;
- are unsure what your immigration status is
Not only are there strict time frames that that apply to appealing refusal and cancellation decisions, your immigration status will also impact which options you have for appealing any decision made by the Department of Immigration.
Administrative Appeals Tribunal
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made by Delegates of the Department of Immigration and Border Protection.
To determine the most appropriate appeal option for you, we will review your matter and discuss this with you. Patel Gahagan take a collaborative approach when determining the best option for you. This means, we will carefully review your personal and professional reasons for staying in Australia and help you to decide which appeals process is best suited to you.
The Administrative Appeals Tribunal (‘AAT’) is independent from the Department of Immigration. The AAT have the power to review the decision of the Department of Immigration and decide if the decision was lawful or correct based on the facts of the case.
If the AAT determines that a decision made by the Department was unlawful or incorrect, they may remit the application back to the Department for reconsideration or make a new decision which is binding on the Department.
When appealing your decision, it is important that the best evidence possible is presented to ensure a successful outcome. It is equally important to determine if an appeal or a reapplication is the best option for you. Please contact us to discuss your matter.
What next?
Please contact us for further advice and assistance for your appeal.
Federal Court
The Federal Court of Australia or Federal Circuit Court can review decisions of the Department of Immigration and Administrative Appeals Tribunal. The Federal Court can also review decisions of the Federal Circuit Court.
To determine the most appropriate appeal option for you, we will review your matter and discuss this with you. Patel Gahagan take a collaborative approach when determining the best option for you. This means, we will carefully review your personal and professional reasons for staying in Australia and help you to decide which appeals process is best suited to you.
The Federal Court of Australia (‘FCA’) and Federal Circuit Court (‘FCC’) are independent from the Department of Immigration. The FCC and FCA have the power to review the decision of the Department of Immigration and decide if the decision was lawful or correct based on the facts of the case.
When appealing your decision, it is important that the best evidence possible is presented to ensure a successful outcome. It is equally important to determine if an appeal or a reapplication is the best option for you. As Lawyers we are able to represent you in appearance before the Federal Court of Australia or Federal Circuit Court. Please contact us to discuss your matter.
What next?
Please contact us for further advice and assistance for your appeal.