Appealing Immigration Decisions in Australia

#immigration #visa #immigrationlawyer

In Australia, the immigration decision-making process is a complex web of policies and regulations. When an individual or entity faces an unfavourable visa decision, the path to appeal can be equally intricate.

The team at MLH Lawyers understands that immigration decisions can significantly impact your life. Whether you’re seeking a visa, facing deportation, or dealing with complex legal issues, our dedicated immigration law team is here to guide you through the process.

For those handed a decision, understanding the avenues for appeal is crucial to overturn such decisions.

Administrative Appeals Tribunal (AAT)

The primary body for reviewing visa decisions is the Administrative Appeals Tribunal (AAT). The AAT has jurisdiction to review decisions made under the Migration Act 1958, offering a merits review process. This means the AAT reassesses the case to determine if the correct decision was made based on the law and the facts.

Process and Considerations

• Application: Applicants must lodge a review application within the stipulated timeframe, which varies depending on the type of visa decision.
  

• Review: The AAT reviews the decision, considering all relevant legislation and information.
  

• Outcome: The AAT can affirm, vary, or set aside the original decision, or remit the matter to the decision-maker with specific directions.

Our experienced team navigates the AAT’s review process, ensuring your case receives a thorough reassessment to affirm, vary, or set aside the original decision based on the law and facts.

Judicial Review

If the AAT upholds the original decision, applicants may seek judicial review. This is not a reassessment of the merits but a legal examination of the decision-making process to ensure it was lawful.

The first avenue for judicial review is the Federal Circuit Court, focusing on whether the decision was made according to the law. If there are grounds to challenge the Federal Circuit Court’s decision, applicants can appeal to the Federal Court.

The final avenue for appeal is the High Court, typically reserved for matters of significant legal principle.

Our immigration law team will assist you in seeking judicial review by meticulously examining the decision-making process, ensuring its legality. From the Federal Circuit Court to the High Court, we represent your rights and interests.

Legal Representation

Given the complexity of immigration law, legal representation is highly recommended.

MLH Lawyers can assist with:

• Understanding Rights: Clarifying the grounds for appeal and the likelihood of success.

• Navigating Procedures: Ensuring compliance with strict procedural requirements.

• Advocacy: Representing the applicant’s interests effectively before the tribunal or court.
  

Appealing immigration decisions in Australia is a structured yet complex process. It requires a thorough understanding of legal rights and procedures. For those facing such challenges, engaging with our experienced immigration lawyers can help you navigate the appeals process with confidence and to maximise the likelihood of a favourable outcome.

To discuss your scenario, contact us.