In Australia, individuals who have had their visa application refused or face other adverse immigration decisions have the right to seek a review or lodge an appeal through various administrative and judicial bodies. The main avenues for migration reviews and appeals in Australia are as follows:
Administrative Appeals Tribunal (AAT): The AAT is an independent tribunal that conducts merits reviews of migration decisions made by the Department of Home Affairs. It provides a forum for applicants to present their case and have their decision reviewed by a different decision-maker. The AAT can review a wide range of migration-related decisions, including visa refusals, cancellations, and sponsorship or nomination refusals.
Migration and Refugee Division of the AAT: Within the AAT, the Migration and Refugee Division specifically deals with migration-related matters. It handles reviews of decisions related to protection visas, refugee status, and other refugee and humanitarian issues.
Ministerial Intervention: In exceptional circumstances, the Minister for Home Affairs has discretionary powers to intervene in a case and grant a visa outside the normal migration process. This avenue allows applicants to make a direct request to the Minister to reconsider their case.
Federal Circuit Court and Federal Court: If an individual is not satisfied with the decision of the AAT, they may have the option to appeal to the Federal Circuit Court or the Federal Court. These courts have jurisdiction to review migration decisions on certain legal grounds, such as errors of law or procedural fairness.
It’s important to note that the specific procedures, timeframes, and eligibility requirements for migration reviews and appeals can vary depending on the circumstances and the type of visa application or decision being reviewed. It’s recommended to consult with a qualified immigration lawyer or registered migration agent for personalised advice and guidance regarding the appropriate review or appeal pathway for a specific case.
At Enlight Legal & Migration our expert lawyer can help you understand your options when dealing with a negative decision on a visa or a ministerial intervention.