Refusals, Appeals & Cancellations
Visa Refusal & Cancellation Appeals
You have completed your application, provided all the relevant documentation, and lodged your application with the Department. You wait, sometimes quite a long time, and then you receive a letter or notice of refusal. Or you have been going through a difficult time, you may have become unlawful for some reason, and you have been told your visa may be cancelled. Now what?
We have had clients come to our offices stressed, anxious and extremely worried about their situation – this is not unusual and it shouldn’t be dismissed – a client has a right to be worried.
However, Brett Slater Solicitors are known for their ability to manage Refusals, Appeals and Cancellations (urgent matters too). The available options when something like this happens may surprise you.
Just know there are options, and we will assist you, so don’t lose hope (just act very quickly).
Common language:
- Administrative Appeals Tribunal (AAT) under the Migration, Refuge and General divisions – if you have a right of appeal, this may be the first step towards addressing the issue. Brett Slater Solicitors have an exceptional record of successful AAT appeals, though it always depends on your situation.
- Federal Court of Australia (FC).
- Federal Circuit Court of Australia (FCCA).
- High Court of Australia (HC).
- Ministerial Intervention (MI).
- Immigration Assessment Authority (IAA)
- A remitted matter (successful appeal with the decision being set-aside and remitted back to the Department of Home Affairs to be assessed again)
- An affirmed matter (an unsuccessful appeal with the AAT upholding the decision made by the Department of Home Affairs).
Contact Brett Slater Solicitors Today for a FREE AAT FactSheet – information on decisions.
Relevant Legislation:
- Australian Citizenship Act 2007 (Cth)
- Commonwealth of Australia Constitution Act (Cth)
- Federal Circuit and Family Court of Australia Act 2021 (Cth)
- Federal Court of Australia Act 1976 (Cth)
- Immigration (Guardianship of Children) Act 1946 (Cth)
- Judiciary Act 1903(Cth)
- Migration Act 1958 (Cth)
- Migration and Maritime Powers Legislative Amendment (Resolving the Asylum Legacy Caseload) Act 2014
The most important thing you can do if you receive a refusal or cancellation is to contact Brett Slater Solicitors immediately. Most rights to appeal are time sensitive and there is much to do. Do not delay under any circumstance.
NOTE: This section of law also extends to refusals rendering the Applicant subject to a Section 48 BAR and Public Interest Criterion (PIC) matters. These are complex elements and must be discussed with an Applicant before assisting with the matter.
Brett Slater Solicitors can assist with:
- All visa categories (temporary and permanent visas) cancellation cases
- All visa categories (temporary and permanent) refusal cases
- Citizenship refusal cases
- Reviews to the Migration Review Division of the Administrative Appeals Tribunal (AAT)
- Reviews to the Refugee Review Division of the Administrative Appeals Tribunal (AAT)
- Reviews to the General Division of the Administrative Appeals Tribunal (AAT) and
- All matters relating to the Federal Court, the Federal Circuit Court of Australia and the High Court
- All Ministerial Intervention matters
