Immigration Appeals Australia
Immigration Appeals Australia: The country’s immigration system provides pathways to challenge visa refusals and cancellations, promoting fairness and accountability. Here’s a straightforward guide to the key review and appeal processes.
The Department of Home Affairs (DHA)
The DHA processes visa applications. If your visa is refused or cancelled, you may seek a review or appeal to challenge the decision.
Merits Review
Administrative Review Tribunal (ART)
Key Features
- Independent Reassessment: Decisions are reviewed objectively.
- Fact-Based Process: New evidence is considered.
- Binding Outcomes: ART may affirm, vary, set aside, or remit the original decisions.
Process
- Eligibility: Not all decisions are eligible for merits review. Commonly reviewed decisions include: Visa refusals and cancellations, Sponsorship or nomination refusals, Certain administrative penalties or compliance decisions
- Application: Submit within 21-35 days with supporting documents and fees. .
- Outcome: The ART may affirm, vary, or set aside the original decision.
Ministerial Intervention
In rare cases, the Minister for Immigration can intervene to grant a visa on:
- Humanitarian Grounds
- Community Contributions
- Unique Circumstances
How to Request Intervention
Apply only after all other appeals are exhausted. Provide a compelling submission with strong evidence.
Judicial Review
If you believe the ART made a legal error, you can seek judicial review in the Federal Circuit and Family Court of Australia (FCFCOA) or the Federal Court. Judicial review focuses on jurisdictional errors, such as procedural unfairness or misinterpretation of law.
Federal Circuit and Family Court of Australia (FCFCOA)
- Primary Court: Handles most immigration-related judicial reviews.
- Accessible: Generally quicker and less expensive than the Federal Court.
Federal Court of Australia
- Higher Authority: Reviews complex legal issues or appeals from the FCFCOA.
- Focus: Significant or complex migration law matters.
High Court of Australia
The High Court is Australia’s highest court. Immigration cases reach the High Court only if there are exceptional legal questions. Applicants must first seek “special leave to appeal.”
The Process
- Special Leave Application: Explain why the case is of public importance or raises a significant legal question.
- Assessment: The Court decides whether to grant special leave.
- Hearing: If granted, the case proceeds to a full hearing, and the High Court delivers its judgment.
Tips for Success
- Act Quickly: Deadlines are strict.
- Get Advice: Engage a migration agent or lawyer.
- Provide Evidence: Strong documentation improves your case.
- Stay Informed: Understand your rights and options.
Conclusion
Challenging immigration decisions involves clear processes like merits review, ministerial intervention, and judicial review. Acting promptly and seeking expert advice can greatly improve your chances of success. .
Useful Links
Administrative Review Tribunal (ART): www.art.gov.au
Ministerial Intervention: https://immi.homeaffairs.gov.au/what-we-do/status-resolution-service/ministerial-intervention
Federal Circuit and Family Court of Australia: www.fcfcoa.gov.au
Federal Court of Australia: www.fedcourt.gov.au
High Court of Australia: www.hcourt.gov.au