It may be possible to dispute negative outcomes of an onshore or sponsored visa application in a Tribunal or Court. We represent our clients at the Tribunal; prepare ministerial intervention appeals; and facilitate and supervise solicitors for matters under review at the Federal Court.
The typical order of options for appeal is as follows:
Administrative Appeals Tribunal
As of 1st July 2015, both the formerly known Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) were merged into the Administrative Appeals Tribunal (AAT) under the Migration and Refugee Division. The AAT provides an independent and final merits review of decisions concerning visas, the power of which is vested by the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth).
An appeal to the Federal Court (FC) for judicial review is generally the next possible option if an appeal to the AAT has been unsuccessful. Due to the volume of cases that the Federal Court receives, matters may also be redirected to the Federal Circuit Court (FCC) for review.
Migration law empowers the Minister for Immigration and Border Protection to revoke an adverse decision and to personally replace it with a more favourable decision, if he or she believes that it is in the public interest to do so. The use of ministerial intervention (MI) occurs in highly rare circumstances as there are numerous guidelines for the Department to adhere to when considering such requests.
Please contact us to discuss your requirements towards migration to Australia.