If you have received a decision about your visa or some other types of migration matters, you might be able to appeal the decision and have it reviewed. For example, if your visa has been cancelled, or if your application for a visa has been refused, or if an employer nomination or sponsorship has been refused, then Chisholm Law can advise you if you have a right of appeal and can assist and represent you in making an appeal.
Two of the Directors of Chisholm Law are formerly full-time Members of the Migration Review Tribunal – Refugee Review Tribunal which then became part of the Administrative Appeals Tribunal (AAT). Together, they have decided many hundreds of migration and refugee appeals. (read more about them here)
The following sets out some of the most basic and essential information about making an appeal to the AAT. As this can be a complex area, you should consider seeking our advice if you are contemplating an appeal.
Is your migration decision reviewable by the AAT?
The written decision you receive from the Department of Home Affairs should state if the AAT can review it. Chisholm Law can also advise you about whether the decision affecting you is reviewable.
What power does the AAT have in migration matters?
The AAT is independent of the person who made the decision and independent of the Department that made the decision.
The AAT reviews a decision “on the merits”. This means it takes a fresh look at a decision. It may consider any new information or evidence that may not have been available to the original decision maker. The AAT will decide if the decision about you should stay the same or be changed.
The AAT has power to:
affirm the decision (the decision is not changed)
vary a decision
set aside a decision and substitute a new decision, or
remit a decision to the decision-maker to be decided again.
Strict time limits apply – you must act or you will miss out
Strict time limits apply for lodging an application for a review of migration decisions. You cannot be given an extension of time to lodge an appeal. The time limit for applying for review should be stated in the notice of the decision. Contact us if you need more information.
Does it cost?
Yes, there is an application fee payable to the AAT for the review of migration decisions. However, If you are successful, you might be entitled to a partial refund.
Advice and Assistance
Chisholm Law is unique in Western Australia in being able to offer you the services of two former full-time Members of the AAT who are also lawyers, registered migration agents, and highly experienced in migration appeals. Their expertise is available to advise, assist and represent you in your application for review of your migration decision by the AAT.
Contact us at Chisholm Law for more information and assistance.
Call (+61) 08 9468 7317 or email firstname.lastname@example.org.