Occasionally things don’t quite go the way as planned. And just because the Immigration Department has rejected your initial application does not mean that your prospects of settling in Australia are over.

The immigration officers can make mistakes due to the processing of large amount of applications. If you feel that a wrong decision has been made, you might be able to have your case reconsidered. Oasis Australia has significant experience in representing clients to review bodies to ensure fairest decision is made. We can assist by preparing the submissions on your behalf to the immigration department as well as for appeal tribunals and federal courts.

The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws and have the power to review decisions made by Australian Government. So, if you ever have had visa application refused or if you have had your visa cancelled, you may be eligible to appeal for review of that decision to the AAT.

The AAT review applications needed to be lodged in a specific time frame. Time limits for submissions are very strict and generally quite short. In general, an appeal must be lodged to the AAT within 21 days. This time-frame can differ depending on the type of decision and the method by which you were notified of the decision of the application. If the review appeal is not lodged within specified time-frame, you would most likely lose your right to review.

The advantage of applying for an AAT review is that if the AAT determines a decision by the immigration department to be incorrect, they have the power to set the decision aside and grant the visa to the applicant depending upon the individual cases.

You have the right to appeal to the Federal Circuit Court if you think that there has been a jurisdictional error in the decision by the AAT. This court is an independent federal court under the Australian Constitution. It can review specific decisions made under the Australian Migration Law including decisions made by the Immigration Minister and the AAT. And if a legal error is found, the court can refer your case back to the decision maker and prevent the minister from acting on the decision.

This can be a laborious, exhausting and an extremely time-consuming process, so it is imperative that you receive the right advice before proceeding to apply for a Federal Circuit Court review.

You may be able to apply for Ministerial Intervention if your visa has been refused and you believe there are extraordinary or exceptional circumstances for the visa refusal decision to be overturned. Even though you do not meet the usual visa requirements, you can still apply for Ministerial Intervention after merits review if you think that there are compelling grounds for grant of a visa.

You should provide adequate documentation to support your case before applying and have reasonable grounds for applying to ensure a favorable outcome. The result of your case is dependent exclusively on the Minister’s discretion. But the Minister is not legally bound to intervene.

For more information on Ministerial Intervention, please contact our Sydney office on +61 411 740 033.