Appeals: Australian VISA Refusal or Cancellation.
AR LAW Services: Masters of Immigration & Visa law are one of Australia’s most trusted firm of lawyers and are expert in Administrative Appeals Tribunal (AAT) Migration Review Tribunal (MRT) and Court appeals.
section 501 Bad Character Grounds Cancellation Revocation and Appeals – AAT & Federal Court
Sponsorship and Nomination rejection or cancellation.
457 visa, ENS, State or Family Sponsor problems
Appeals to the AAT(Admin Appeals Tribunal) MRT (Migration Review Tribunal) Refugee Tribunal
– Federal Circuit and High Courts
AUSTRALIAN VISA CANCELLED? VISA REFUSED? GOING TO AAT or Court
AAT(Administrative Review Tribunal), RRT, MRT, Federal Circuit Court and High Court of Australia?
Has your visa been cancelled for “bogus” documents under section 109 we may be the solutions to your immigration law VISA problems!.
Have failed the CHARACTER TEST or have a BAD criminal record and lost your PR. Citizenship or other visa talk to us.
Has your student visa is going to be cancelled or if it has been cancelled: AR LAW Services is expert at MRT (Migration Review Tribunal) appeals.
Has your visa has been cancelled pursuant to s116 – call AR LAW Services.
Do you face a 3 year bar because of PIC 4020?
Anthony Robinson BA. LLB. LLM. GCLP – Barrister & Solicitor is the principal lawyer of the AR LAW Services and heads the appeal team. Anthony holds a Law Degree from Monash University – one of Australia’s leading Universities. He also has a Masters degree in Law: a Master of Migration Law and Practice. Having practise as a lawyer for over 17 years Anthony is an expert in Australian Immigration, Citizenship, Visa, and Migration law.
Not only is he a committee member of the prestigious Migration Law Committee within the Law Institute of Victoria, but also regularly presents seminars on a broad range of immigration law matters with particular focus on Skill visas, Student visas, 457 visas, Family visas, Business visas, Spouse/partner visas, parent visas and corporate immigration as well as advising on visa holder and sponsorship compliance requirements.
As an officer of the High Court of Australia, the Supreme Court of Victoria and the Supreme Court of South Australia, Anthony is regularly retained to represent applicants in Court, particularly the Migration Review Tribunal (MRT). He is also available to take instructions, give advice and draw submissions or appear before the Refugee Review Tribunal (RRT), the Administrative Appeals Tribunal (AAT), the Federal Courts and High Court of Australia.
Anthony is available to be retained as an advocate at Tribunals. A clearly cost effective alternative to briefing a junior barrister may be for individuals, migration agencies or law firms, to retain AR LAW Services.
Not only do you get an experienced advocate with an impressive track record but also the logistical support of a city based law firm at a competitive rate.
Overview of the Appeals and Reviews System of the Australian Visa process.
If your visa application is unsuccessful, it may be possible to apply to have the decision reviewed. There are two major avenues through which to apply for review:
- The Tribunals
- The Minister for Immigration.
AR LAW Services experience may be the edge you need to win.
As legal professionals and Masters of Migration and Australian Visa Law, we are called on to represent applicants or companies in cases where:
- Applications have been unsuccessful
- Immigration department officials have taken action or are about to take action which is improper or beyond their power
- Visas have been cancelled
We are often referred applicants for appeals and review by law firms, migration agents, community and church organisations, student organisations, universities and other educational institutions.
How AR LAW Services is able to help:
- Reviewing case to advise on prospects of appeal
- Advise on other immigration options – separate or parallel to an appeal or review
- Preparing all aspects of the appeal, including written submissions to the Tribunal/ Court
- Preparing the case and client for the Tribunal or Court hearing
- Preparing and collecting evidence to support the case
- Representing and advocating for clients at the hearing
We have assisted applicants with appeals and merits reviews in the following contexts:
- PIC 4020
- Visa cancellations and refusals
- Work experience
- Skilled migrants
- Language ability
- Genuineness of marital, spousal, de facto, same-sex relationship
- Genuineness of visitor/ student status
- Company sponsorships and nominations
- Eligibility of sponsors
- Whether notices from the Immigration Department were properly sent
- Breach of employer sponsorship undertakings or visa conditions and obligations
The Administrative Appeals Tribunal (AAT) – The Migration and Refugee Tribunals (MRT)
Immigration Department decisions can be reviewed by application to the Administrative Appeals Tribunal – the Migration and Refugee Review Tribunals. Generally speaking the Tribunals are able to reconsider all the facts, circumstances and the law in a particular case and make a decision on the merits. The review is treated as a “second attempt” at the application.
The Minister for Immigration
The Minister for Immigration has a personal power to intervene and grant a visa, despite refusal by the Immigration Department and the Tribunals. However, this power is used sparingly and the Minister is not obliged to use this power. The power may be used if the Minister considers it is in the public interest to do so, even if a person does not meet the legal requirements for a visa.
It is also possible that some decisions of the Immigration Department or the Tribunals can be appealed to the Federal Courts. This type of review is different because it is generally confined to whether an error of law occurred in the making of the decision, rather than whether the decision was correct based on the facts.
The review and appeals processes are complex, and any right to review or appeal must be dealt with comprehensively and quickly.
Why an application may be refused or a visa revoked
Applications may have been refused for a variety of reasons. Some examples include:
- Immigration officers may have misinterpreted and not properly applied the law to the facts or may have overlooked the facts
- The application was not properly prepared or presented
- The applicant was deemed not to meet visa criteria, including character and health
- The company/ employer sponsor was deemed not to meet sponsorship or nomination criteria
- The applicant was deemed to have provided false, misleading or insufficient information or documentation
Visas may be cancelled in the following contexts:
- Breach of visa conditions – eg work restrictions or study and attendance obligations
- Breaches of good character requirements
- Termination of employment, in the case of employer sponsored visas
- Termination of relationship, in the case of partner visas
- Discovery that false, incorrect or misleading information was provided in support of an application
- Allegations that the marriage, de facto relationship or same sex relationship was not genuine or did not really exist
- Visas were improperly granted – eg the Immigration Department made an incorrect decision in granting the visa
So for appeal work, whether it is a negotiation with Department, Merits review the MRT, RRT or AAT or Judicial Appeals – Federal Magistrates Court, Federal Court or the High Court – talk to AR LAW Services.