AUSTRALIA IF YOUR VISA UNDER UNDER ANY CATEGORY IS REFUSED YOU CAN APPEAL AGAINST THE DECISION BUT GROUNDS FOR APPEAL ARE VERY LIMITED YOU WILL DEFINITELY NEED YOU LAWYER SEE BELOW COMPLETE PROCEDURE Appealing a visa decision If your application for a visa to visit, enter or stay in Australia is refused, you may be able to appeal against the decision. The Migration Review Tribunal deals with decisions about general visa applications. The Refugee Review Tribunal deals with decisions about protection visas. Applying for review at the Migration Review Tribunal If the Department of Immigration and Border Protection refuses an application for a visa other than a protection visa, you can ask the Migration Review Tribunal to review the decision. This includes decisions about visitor, student, partner, family, business or skilled visas. This is called ‘making an appeal’. There are strict time limits for making an appeal. Time limits depend on the type of decision and whether you are in immigration detention. The time limit cannot be extended. You should get legal advice immediately before applying for a review. Appeal costs for the Migration Review Tribunal There are costs for having a visa decision reviewed by the Migration Review Tribunal. In most cases you have to pay a fee of $1,540 when you apply. The application fee can be reduced to $770 if the Tribunal: makes a decision in your favour is satisfied that payment of the full fee has caused, or is likely to cause, severe financial hardship If the Tribunal decides that your application for review is invalid, you will be refunded the whole amount. If you withdraw your application the Tribunal can only refund your application fee in very limited circumstances. Applying for review of a decision to refuse a protection visa There is a different appeal process for protection visas. You need to ask the Refugee Review Tribunal to review the decision. If you are in immigration detention you have seven days to make an appeal. If you are not in detention you have 28 days. Appeal costs for the Refugee Review Tribunal If you are appealing a decision about a protection visa there is no application fee to go to the Refugee Review Tribunal. However, if your application is unsuccessful you will have to pay $1,540. Applying for review of a decision to refuse or cancel a visa on character grounds If the Department of Immigration and Border Protection has refused or cancelled a visa on character grounds you must appeal directly to the Commonwealth Administrative Appeals Tribunal. Examples of these grounds include: a criminal history with a sentence of imprisonment of 12 months or more committed offences while you were in immigration detention. There are very strict time limits for making an appeal to the Administrative Appeals Tribunal. If you are in Australia and your visa has been refused or cancelled on character grounds, you only have nine days from the date of the decision to lodged your appeal. The tribunal has no power to extend this time limit. Appealing decisions of tribunals If you apply for a review of a decision at either the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal and you lose, you may be able to appeal to the Federal Circuit Court. This is a different kind of appeal. You have to show that the tribunal made a legal mistake in the way that it conducted your case. The grounds for appeal are very limited and you will definitely need a lawyer to help you.
Posted on: Sat, 02 Nov 2013 06:26:30 +0000
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