If you have received a notice of visa cancellation or refusal, you may apply to have your application reviewed by the Administrative Appeals Tribunal (AAT).
Applications must be made within the timeframe set out in the letter of cancellation or letter of refusal received in relation to the initial application.
Applicants must be in Australia at the time of application to the AAT.
If the application relates to a sponsorship or sponsored visa, partner visa, care giver or remaining relative visa, the applicant does not have to be in Australia at the time of application. But the sponsor, partner, or family member who is making the application on their behalf does have to be in Australia at the time of application.
There is a fee of $1673 which may be refunded by 50% in the case that the initial cancellation or refusal is overturned by the tribunal.
Processing times are usually between 12-18 months. You can lodge a request for a quicker processing time along with your initial application if you feel that your situation warrants such treatment. Such requests can be granted on the following grounds.
• The applicant is being held in detention.
• The applicant is suffering from a serious medical condition.
• The applicant or their household is experiencing serious financial hardship.
• A child is separated from a parent or care-giver.
If you were granted a bridging visa for the duration of your initial application, your bridging visa will remain valid while your application for a review is being processed.
You may work in accordance with the allowances of your current visa. If you hold a visa with work restrictions you may apply to have these restrictions removed if you can demonstrate that you or your household will suffer serious financial hardship as a result of you not being able to work.
A tribunal member will review the evidence provided in the initial application. If this existing evidence is insufficient to determine a favorable outcome, the tribunal will request further information from the applicant.
The tribunal may contact your employer, family or friends as part of their own investigations. If they have any findings that may adversely affect your application they will notify you and request that you comment on said findings.
Most applications to the AAT require that a hearing take place between the applicant and members of the tribunal. Your migration agent may be present with you at the hearing to advise you on how best to address any questions or issues.
If your hearing at the AAT is successful it will be forwarded to the Department for reconsideration. The final decision usually takes 2-4 weeks to process.
If you have received a “notice of intention to consider cancellation” or a “notice of refusal” contact us today to see how we can help.