Reviews and Appeals

What is Judicial Review and Appeal?

When a visa application is rejected, the applicant has the right to appeal the decision. A visa appeal is filed before the Administrative Appeals Tribunal (AAT). A judicial review, meanwhile, is undertaken by the Federal Court and is a process that carefully examines whether a decision made by the AAT or a lower court in regards with a refused or cancelled visa was lawful.

After the said judicial review, the Court will either affirm the AAT decision, reverse the decision, ask the Tribunal to reconsider or replace their decision, or declare that they have no jurisdiction to review the case.

What is the difference between an appeal and review? An appeal is when you disagree with a visa decision and would like to have that decision reversed, whereas a review is a court process determining whether or not an AAT decision is made legally in accordance with established immigration laws in Australia.

Learn more about appeals and reviews for Australian visas by discussing a bit more about visa refusals, visa cancellations, the Public Interest Criterion 4020, the Tribunal, and Minister Intervention below.

Visa Refusals

This is when Australian immigration authorities decide not to grant you a visa. It can happen based on a bunch of reasons like not meeting the visa requirements, not passing the health or character check, or not convincing them enough that you’ll stick to the visa conditions. But don’t worry, it’s not always the end of the road. That is, there are ways to appeal or apply again with more
information.

Visa Cancellations

Visa cancellations happen when immigration officers revoke your permission to stay in the country. It can occur for various reasons, such as providing fabricated or untrue information on your application, failing to comply with visa conditions, or concerns about your character and behaviour. Essentially, it’s like the Department saying, “Based on new information or your actions, we need to withdraw the visa we granted you.” It’s a serious situation that can impact your ability to stay in Australia or apply for visas in the future. Consult a migration agent to help you take your next best legal steps.

Administrative Appeals Tribunal (AAT)

The AAT (Tribunal) can be regarded as the place you go to when you don’t agree with a decision made about your visa. It’s akin to having a second chance to present your case in front of a new set of eyes. The AAT conducts an unbiased merits review of a wide range of decisions related to visas, including refusals and cancellations. It’s independent of the Department of Home Affairs, which means they look at your case with a fresh perspective to ensure fairness.

Ministerial Intervention Unit (MIU)

A Ministerial Intervention Unit (MIU) serves as a special request line to the Minister of Immigration. If your visa application has been through all the regular processes (like the AAT) and hasn’t succeeded, under very special or exceptional circumstances, you can ask the Minister to review your case personally. It’s important to remember, though, that this is only used in very unique and compelling situations where there’s a significant humanitarian concern or other strong reasons that are within the public interest.

Public Interest Criterion (PIC) 4020

To keep the visa process honest, this integrity measure is strictly in place. PIC 4020 helps prevent fraud by making sure that all the information given in visa applications is true and accurate, including your identity, your past visa history, and all other documentary requirements you provide. If someone is found to have given false or misleading information, they could be barred from getting a visa for a certain period, fined, jailed, or all of the above, depending on the case’s gravity. The PIC 4020 rule is all about keeping things fair and square for everyone involved.

Seeking Legal Representation for Visa Appeal and Review

The heartbreak of getting your visa refused or cancelled, regardless of visa type, cannot be denied. Aside from having the right for an appeal and review, you likewise have the right to have an immigration lawyer to represent you in the entire judicial review and appeal process.

Here’s why tapping into the competence and expertise of a Parish Patience lawyer for legal representation is a choice you won’t regret.

135+ Years in Legal Service

Trust an Australian immigration agency that’s been in the legal industry for more than 135 years. Since 1888, Parish Patience has been serving clients in Australia and beyond with high quality legal and migration solutions.

Thousands of Client Success Stories

We lost count of the many clients we’ve helped attain their permanent residency and Australian citizenship dreams. Whether it’s student, work, business, protection, or family visa, your chances of obtaining your desired visa with Parish Patience is high.

Personalised and Compassionate Support

We treat each of our clients with full respect, compassion, and commitment to their visa success. We do this by tailoring our solutions specific to each client’s unique circumstances and individual needs and requirements.

Highly Qualified and Competent Lawyers

Our staff at Parish Patience consists of award-winning and highly proficient lawyers who are more than capable of helping you get a positive visa decision or representing you in court or appeals process in the event of refusal or cancellation.