Sometimes, if your visa is refused or cancelled, you have the right to appeal the decision. This usually happens when you lodge a visa from within Australia, or when you are in Australia at the time the visa is cancelled.
When you appeal, you don’t go back to the Department of Immigration where the decision was made. The Administrative Appeals Tribunal – formerly called the Migration Review Tribunal, or Refugee Review Tribunal, has the power to independently consider the “merits” of your case, and to “uphold” or “set aside” the decision to refuse.
It can be costly to apply for Merits Review – $1673 to lodge the paperwork. And you might have to wait a very long time – even a year or more – to have your “day in court!” But if you have grounds for appeal, and the Tribunal finds in your favour, then 50% of your appeal charge is refunded.
If your appeal is unsuccessful – usually your only options are to appeal to the Minister for direct intervention, or leave Australia and lodge another visa from offshore, if you are eligible.
Attending an Appeal process can be intimidating and costly, plus there are very strict timeframes to observe. It’s best to seek professional advice if you are in this situation. Contact Emergico for a no obligation consultation if you are in trouble with a visa for whatever reason!