Appealing a visa decision can be complex and stressful, requiring swift action to prevent the possibility of having to leave Australia.
At Emerson Migration Law, we are committed to guiding you through each step with clarity and expertise, ensuring you overcome this challenge swiftly and effectively.
There are a variety of reasons for which Visas may be cancelled or refused.
Unless the decision to refuse or cancel your Visa has been overturned or dealt with in a timely manner, this can lead to removal from Australia. If your Visa has been cancelled or refused, you should get expert advice as soon as you receive a Notice of Intention to cancel your Visa.
Emerson Family Law can assist with appeals to the Administrative Appeals Tribunal (formerly MRT).
These timeframes differ from standard AAT appeal deadlines for other visa types.
Visa cancellations or refusals can be distressing, but understanding the reasons and the appeal process can help navigate the situation. Always ensure you act within the specified time frames and consider seeking professional advice to guide you through the process.
In most scenarios, an application fee of $3,000 is required. However, this fee can be reduced by 50% if:
If the AAT deems your appeal invalid, the entire fee will be refunded. Withdrawal of your application will only result in a refund in minimal circumstances.
If the Department of Home Affairs refuses a visa application, except for protection visas, you can request the AAT to review the decision. This process is termed as ‘making an appeal’.
Note: The time limits for appealing are stringent and depend on the decision type and your detention status. These time limits are unexpendable. Always seek legal advice immediately after receiving the decision.
You will receive a formal notification from the Department of Home Affairs explaining the reasons for the refusal or cancellation.
The AAT is an independent body that reviews decisions made by Australian government ministers, departments, and agencies.
The duration can vary depending on the complexity of the case and the type of visa in question. It’s best to consult with a legal expert or the AAT for specifics.
Yes, during the review process, you’ll have the opportunity to provide additional evidence and explain your situation to the AAT.
Our first obligation-free consultation is priced at AU$385.00, inclusive of tax.
This fee covers a comprehensive service — whether we meet in person, by phone, or via Microsoft Teams — and includes any follow-up written advice at no additional cost.
