Your options in dealing with a negative decision by the Department

There are a number of reasons why your visa or citizenship may be refused or cancelled. It is essential that you read the decision and notification letter carefully so you are aware of the reasons for the decision and whether you have the right to appeal the decision.

What is equally important is that you act promptly and seek legal advice so you can make an informed decision on your next steps. Generally, you will have three options in dealing with a negative decision by the Department:

  1. Appeal the decision to the relevant Tribunal or Court

    The Tribunal or Court you appeal to depends on the type of decision you wish to challenge and/or the person who made the decision.

    There are strict timeframes which apply to pursuing any appeals process. These timeframes vary but are generally short. For this reason, you should act quickly.

    Our team regularly advocates for clients in the Administrative Appeals Tribunal and Immigration Assessment Authority. We also have considerable experience in conducting reviews and appeals in the Federal Circuit Court, Federal Court and High Court of Australia.
  2. Apply for a new visa

    Having an appeal right does not always mean you should exercise this right. We can provide advice and assistance on helping you reach the migration outcome you seek.

    Before you apply for a new visa, it is important to first obtain advice on your prospects of success and whether there are any barriers in place that may prevent you from applying for this visa.
  3. Request the Minister intervene in your case on compassionate grounds (Ministerial Intervention)

    Generally, this avenue can only be pursued if you have received a negative decision and have exhausted all relevant appeal avenues. Such requests are lodged in writing to the office of the Minister for Home Affairs. There are policies which apply to their consideration of these requests.

    It can be difficult conveying in writing how you raise circumstances which are compelling or compassionate. Contact us for expert advice and representation for these complex migration matters.

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Want to better understand your options? Book a consultation:

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