Have you had your visa application refused or your visa cancelled? We encourage you to seek out the available avenues of appeal. If you apply for a visa with the Department of Immigration and Border Protection (DIBP) and the outcome is negative, there are steps legally available for the decision of your application to be reviewed by an appeal.
An appeal to a decision of your case while necessary should not be approached lightly as it can be a costly and complex process. We recommend that you get some solid advice to maximize the chances of a positive outcome´
The availability of the avenues for appeal depends on a number of factors including whether the application was lodged while the applicant was in Australia (onshore) or if the applicant was outside the country (offshore).
The refusal letter sent to you will outline the reasons for the refusal, and it will also advise you if there are any avenues for appeal of their decision. One of the most important parts of the process is to adhere to the time it gives you to act because the tribunal will not hear or consider an application that is made outside the allowable timeframe for lodgement.
Before 30th of June 2015, the legal body that was responsible for immigration appeals was the Migration Review Tribunal or the Refugee Review Tribunal. From the 1st of July 2015, the MRT and RRT were amalgamated with the Administrative Appeals Tribunal (AAT).
Appeals that in the past were heard by the MRT and RRT will now be heard by the Migration and Refugee Division of the AAT. After the amalgamation of July 1, 2015, the MRT and RRT were amalgamated with the Administrative Appeals Tribunal (AAT).