What to do if your visa gets refused?
Вставка
- Опубліковано 10 лип 2024
- ✅ Full Article here: www.workvisalawyers.com.au/ne...
👉 Book an appointment: www.workvisalawyers.com.au/ar...
➡️ Content:
00:00 How to appeal visa refusals
00:38 Merits Review
01:00 Appealing the decision at the AAT
01:22 Attending a Hearing
01:56 Judicial Review
02:31 Appeal the refusal decision in court
02:49 Filing an appeal application
➡️ INFO
We hope you found the video helpful! Remember to subscribe to the @Australian Immigration - Work Visa Lawyers channel for more videos. If you would like assistance with getting a visa in Australia, you can contact us at:
👉 Website: www.workvisalawyers.com.au
👉 Email: info@workvisalawyers.com.au
For up to date migration news and support, follow us on:
👉 Facebook: / workvisalawyers
👉 Twitter: / work_visa
👉 Instagram: / workvisalawyers
👉 TikTok: / workvisalawyers
While every effort is made to ensure the contents of this video is correct at the time of filming, law and policies may change from time to time without notice.
This video is for educational purposes only and nothing in this video or its description constitutes legal advice. For advice on your personal circumstances, please make an appointment at Work Visa Lawyers:
www.workvisalawyers.com.au/ar...
How to appeal visa refusals
Generally, you have the option to appeal the decision through a merits review or judicial review. The process for appealing a visa refusal can vary depending on the type of visa you applied for, and the specific circumstances of your case.
Merits Review
Basically, merits review is a process that allows a decision maker to ‘step into the shoes’ of the original decision maker for example the delegate at the Department and make a fresh decision based on the evidence before it. In Australia, this is usually undertaken by a body known as the Administrative Appeals Tribunal (or the AAT).
The refusal letter will state whether you can appeal the decision at the AAT. If you have this option, you must make sure to lodge your appeal within the time frame that is provided in your refusal letter. The easiest way to lodge your appeal is online through the AAT’s website.
Once you lodge an appeal at the AAT, your bridging visa will continue until you get a decision on your appeal.
The AAT will then review your appeal application. Due to a large number of applications, it usually takes a long time before you are invited for a hearing. At the hearing, you can present your case and any evidence to support your appeal. The AAT will then usually make a decision to affirm the Department’s decision to refuse your visa or remit the decision back to the Department for reconsideration.
We would recommend getting legal assistance from an Australian Migration Lawyer to avoid any issues with your appeal and put your best case forward, especially when preparing for your hearing.
Judicial Review
In cases where you don’t have a merits review option, you may be able to appeal the refusal decision in court.
Unlike merits review, judicial review does not involve considering the merits of the case or deciding what the right decision was. Instead, it looks at the process through which a decision was made and determine if it was made in accordance with the law.
Another thing to keep in mind is that unlike an appeal to the AAT, your bridging visa does not automatically continue when you apply for judicial review. You will need to lodge a bridging visa application before your current visa expires. We’re here to help if you need any assistance with this.
Appealing the decision in court
To be able to appeal the decision in court, you need to have grounds to seek judicial review for example there was a legal error in the decision-making process, such as a breach of procedural fairness or an incorrect interpretation of the law. You may need to get a Barrister to look at your case and assess if there are any grounds for judicial review.
Filing an appeal application
To begin an appeal at court, you will need to file an application with the Federal Circuit and Family Court of Australia and within the specified time, which is generally 35 days from the date of the refusal.
After this you will need to follow the court procedures by serving the documents to the other party within the specified time, and then go through the court proceedings by attending a hearing and waiting for the court’s decision. This process can be very long, and it can take several years before you have a hearing.
It's important that you comply with all the requirements and deadlines for filing a court application and serving the documents as required by the court.
Copyright Work Visa Lawyers Pty Ltd 2024
Hi, what are the chances for an Electrical Engineer with 65, 70 and 80 points for 189 190 and 491 Visa offshore ?
And which visa can get invites easily with lower points ?
Hi, the best way for us to advise you on this would be an initial consultation. Please book an appointment here: www.workvisalawyers.com.au/arrange-an-appointment.html
I applied for 188A onshore visa and I have a bridghing A visa. My childrens are studying here,I know a lot of information about visa 188 refusal,if case my visa is rejected in the future, can I appeal to aat?
Sir if they officially remove chef from Core skill pathway which is in skill in demand visa will it interfere or affect 186DE visa for chef? Or it will not affect this visa if they remove chef from csol core skills? Does it will not affect it's just my overthinking?,😢 can you please say sir
What if you are an offshore applicant?
Check with your Agent if the Cth Ombudsman is an option
Generally, if you had a visa refused offshore, you need to reapply for the visa. You can may apply for an appeal from offshore for some exemptions, such as sponsored visas.
Hi I am a truck driver looking to work in Australia for an approved employer, are there visa options available even if I do not have an IELTS certificate?
Hi, in this video you can find some tips on how to find an employer sponsor in Australia: ua-cam.com/video/4YKbLjQKdIE/v-deo.html You can also book an appointment here: www.workvisalawyers.com.au/arrange-an-appointment.html
Hi
We applied for (485) visa after my husband finishing his study. But Friday we got refusal because my husband wasn’t know he have to submit my AFP . Because of that reason they refused now we can't reapply we only can do AAT. What should we do now? Only have 32 days more.
Hi, if you had a visa refused, please contact us at info@workvisalawyers.com.au or book an appointment at www.workvisalawyers.com.au/arrange-an-appointment.html. We can assist you with your appeal application.
@@WorkVisaLawyers before 11 july we have to Appel or back to my Country, you based in perth?im From Perth wa