visa appeals
Having a sponsorship or a visa application refused by the Department of Home Affairs (DHA) can be a highly stressful experience and lead to uncertainty for many businesses and individuals.
We are here to guide you through the appeal process and ensure that your experience is fair, just and affordable.
Administrative Appeals Tribunal (AAT)
The Administrative Appeals Tribunal (AAT) conducts independent merit reviews of administrative decisions made under Commonwealth laws, including those made on sponsorships, visas and citizenship applications made by DHA. The AAT reviews a number of different decisions made by DHA including:
1. Visa refusals
2. Visa cancellations
3. Sponsorship bar or cancellation
4. PIC4020 issues (providing false or misleading information)
The AAT reviews a decision “on the merits”. This means that the AAT takes a fresh look at the facts, law and policy relating to the decision made on an application. The AAT must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.
Generally, the AAT has the power to:
● affirm a decision (that is, agree with the decision made by DHA);
● vary a decision (e.g. make a decision that is more favourable);
● set aside a decision and substitute a new decision; or
● remit a decision to the decision-maker at DHA for reconsideration.
The purpose of the AAT is to provide a review process that:
● is accessible;
● is fair, just, economical, informal and quick;
● is proportionate to the importance and complexity of the matter.
● promotes public trust and confidence in the decision-making of the Tribunal.
Generally, the AAT will impose a time limit to lodge an appeal. It is important to remember that certain decisions made by DHA cannot be reviewed by the AAT. If your sponsorship, visa or citizenship application is refused, you must seek immediate expert immigration advice and assistance to determine your review rights. This should be prioritised if you are dealing with a refusal or cancellation matter.
At Crystal Migration, we offer AAT representation to both individuals and businesses. We can assist you in matters relating to your sponsorship application, citizenship application, visa refusal or visa cancellation. We will provide you with a fair and honest assessment of your case and work with you to formulate a strategic pathway based on your individual circumstances.
If your visa or sponsorship has been refused by DHA, contact us today to find out how we may be of assistance and discuss your options moving forward.