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Appeals & Reviews

Appeals & Reviews at a Glance

Appeals & Reviews

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At One Doorway International we are dedicated to providing expert migration services to assist individuals and families in navigating the complicated process surrounding visa applications and immigration. Our qualified team, consisting of several migration agents, focus on tailored support and guidance to help make your journey to Australia as seamless and stress-free as possible.

In case your visa application is refused or you become subject to cancellation. At One Doorway International we have the Appeals & Reviews department to assist you in the process and to ensure you have a fair and just outcome. We represent clients in the Administrative Appeals Tribunal (AAT) and other review bodies, providing clients with advice and support through their entire review or appeal. Our team will do everything possible to thoroughly argue your case to maximize the chances of a favorable determination. We can assist you in fighting the refusal or cancellation of a visa so that you can go on confidently with the remainder of your journey to Australia.

Appeals & Reviews Eligibility Overview
  • Eligibility for Appeal - You have a right to appeal a Protection Visa refusal or cancellation if the Department of Home Affairs has refused your visa application, or cancelled your visa. You can lodge an application to the Administrative Appeals Tribunal (AAT) within 21 days after a refusal or cancellation decision has been made.
  • Eligibility Conditions - To appeal you cannot have extensive criminal offences, you have to have complied with Australian immigration laws, health requirements, and character requirements. You must appeal with the appeal form containing all the necessary documents and evidence within the time allowed.
  • Grounds of Appeal - You need some grounds to appeal the refusal or cancellation decision, as your grounds must be reasonable. These can include presenting new evidence, clarifying errors or misunderstanding made by the Department of Home Affairs, or establishing the original decision was wrong in accordance with immigration law.

Overcoming Visa Setbacks

Half-hearted or Wrong Paperwork

Failing to submit a document that is required, another document that is required, or the application contains a mistake.

Eligibility Issues

Failure to meet a criterion of a visa, cognate finances, English, or work experience.

Administrative errors

Made an error in processing by the immigration department.

Interesting Facts

Multiple Points of Appeal:

Visa refusal/cancellation decisions can be taken to the Administrative Appeals Tribunal (AAT), but may also go to Federal Courts or to the Minister for Intervention as part of exceptional circumstances.

Important Deadlines

There are very strict deadlines for lodging an appeal - in some cases there is only 21 days from the date of decision. You risk losing your right to appeal by missing a deadline.

Results are More than Just Overturned or Refused:

The AAT does not just overturn or refuse decisions, but can also remit (send back) to be considered by the decision-maker, making a suggestion of approval subject to conditions. This gives applicants another opportunity to succeed.

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How We Help

  • Appeal Services - If your Protection Visa application has been refused or canceled, we can guide you on how to make an appeal to the Administrative Appeals Tribunal (AAT) or other review bodies.

  • Case Review & Strategy - Our team of experienced individuals will conduct a thorough analysis of your case to identify the relevant aspects which would be pertinent to your appeal, and create a strategy that is tailored to fit your needs to carry on with a stronger application.

  • Representation & Support - We can represent you at the AAT and help gather documents and evidence, developing the best argument for your case to ensure it is presented thoroughly for fair consideration and the best possible outcome.

Requirements

  • Eligibility for Appeal - The appealing applicants must be individuals who have had their immigration application denied or cancelled. The applicants who hold Protection Visa (Subclass 866) & Visitor Visa (Subclass 600) together with Student Visa (Subclass 500) & Partner Visa (Subclass 820/801) & the rest will be included.

  • Time Limit for Appeals - An appeal must be lodged within a prescribed time limit. Generally, you must submit your application within 21 days of the date of the refusal or cancellation letter. Once this period expires, the right to appeal will be lost.

  • Valid Reasons for Appeal - All applicants must present valid reasons for appealing the application decision. For example, an applicant may appeal by providing new evidence, by showing misunderstandings, or demonstrating errors that were made in the original application.

  • Relevant Documents - The eligibility of the applicant must be supported with all documentary evidence. This may include other evidentiary Australian eligibility, an explanation of a change in personal circumstances, or evidence of circumstances having changed since the making of the application.

  • Administrative Appeals Tribunal (AAT) - Most immigration tribunals will likely be undertaken by the Administrative Appeals Tribunal (AAT). Applicants are required to follow the appeal procedures dictated by the AAT, which will include the completion of forms and payment of fees.

  • Most visa appeals are reviewed by the Administrative Appeals Tribunal (AAT). There are specific requirements for lodging an appeal with the AAT which include filling in forms and paying fees. - It is your responsibility to satisfy the Australian immigration authorities during the application process and lodge your appeal without previous breaches of any serious violation factors affecting your eligibility for the visa that is under appeal. You need to satisfy health, character and security requirements.

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How to Apply

Complete these 5 steps to apply for Appeals and reviews:

Check Eligibility

Ensure that you have been refused/cancelled a visa and are eligible to appeal.

Review Decision

Make sure you understand the refusal reasons to address in your appeal.

Prepare Documents

Collect updated evidence and any supporting documents.

Submit Appeal

Submit your appeal to the AAT, pay any fees, and adhere to any relevant timelines.

Attend Hearing

If required, summarise your case and bring supporting documents.

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Appeals & Review Process

If your Protection Visa (Subclass 866) application has been denied or your visa is at risk of being cancelled, you can appeal or review a decision. Below we summarise the appeal and review process.

Key Stages:

  • Review Decision: – The Administrative Appeals Tribunal provides protection visa applicants the capability to request a decision review after the Department of Home Affairs denies their application or cancels their visa. The AAT reviews Department of Home Affairs opinions about protection visa declinations & cancellations to establish whether they were applicable.
  • Lodge Appeal Application: – To appeal the decision the applicant must lodge an operation the AAT in the specified time frame. This should include all the supporting documents to support your claim. This can include further evidence, or new information that may have an impact on that decision.
  • AAT Hearing & Decision: – Following the review of your application the AAT will either arrange a hearing or review the case on the documentation provided. The AAT may also take your clarification or pursue a personal interview. Once the AAT has determined the case, they will issue the decision. The AAT decision will result in Protection Visa issuance if you win your appeal but the original choice stands if you fail.

Need assistance with your Student Visa application?

Our experts can guide you through each step to ensure your application is complete and submitted successfully.

Frequently Asked Questions

Got Questions? We’ve Got Answers!

An appeal is a sanctioned challenge to an authority's decision that seeks to change or overturn that decision. A review functions as a formal evaluation which tests both the delicacy of a decision and its fairness but it does n't lead to any differences of the original decision.

The time frame for the review of the case will depend on the complexity of the case and the authority that is responsible. The overall timeframe for the whole process could take anything from weeks to months.

Generally, yes. The majority of people have the option to request an appeal or review when they believe that a decision is incorrect while our specialists will assist you throughout the process.

The rate of success depends on the strength of your case, the evidence that can support it and the level of appeal. Our team will prepare your case.

In the event that your appeal does not succeed you may still have options to consider which include reapplying or approaching a superior authority. We provide assistance to evaluate your next steps.
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