MRT/ AAT/ Ministerial Appeals
If your visa application has been unsuccessful or you have had your visa cancelled, you may have a right to appeal the decision.
The main avenues for appeal are;
- The Migration and Refugee Division of the Administrative Appeals Tribunal (previously the Migration Review Tribunal).
- Ministerial Appeal
- Judicial review through the Federal Magistrates Court, Federal Court or High Court of Australia
Administrative Appeals Tribunal
If you have been refused an Australian visa, the first avenue for review is the Administrative Appeals Tribunal (‘the AAT’).
The AAT has the power to review decisions of the Department of Immigration and Border Protection (‘the DIBP’) and examine whether the applicant meets the requirements for obtaining a visa. The goal of the AAT is to stand in the shoes of the original decision maker to reach the correct or preferable decision. If the AAT decides that a decision to refuse a visa was incorrect, it can set aside the decision and grant the visa application or it can send the decision back to the DIBP.
Legal Representation at the AAT
Legal representation at the AAT can increase your chances of success. Immigration law is a complex field and we can use our extensive knowledge of the law and experience in AAT appeals to help you shape your application so that you have the best chance of success. Legal representation is especially helpful in complex cases such as those involving schedule 3 requirements.
At AJ Legal we can;
- advise on the best strategy for your AAT Appeal
- assist you in preparing the initial application, written submissions and evidence
- represent you during the hearing
- provide expert legal advice on all immigration matters
If your visa has been refused or cancelled you can apply for ministerial intervention. The Minister for Immigration and Border Protection has the power to intervene to replace a Tribunal decision and grant a visa to the applicant if it is in the public interest to do so. We can help you draft your argument to the Minister to increase your chances of success.
If your visa has been refused or cancelled you can apply for judicial review to the Federal Magistrates Court, the Federal Court or the High Court. The Court decides whether the decision was properly made but does not review the actual decision on its merits. If the Court decides that the decision was not property made then it can remit the decision back to the Department of Immigration and Border Protection or the Tribunal. Before beginning an application for judicial review all avenues of review at a Tribunal should be exhausted first.
Grounds in which the Court can remit the decision include;
- denial of procedural justice (the applicant was not given a fair hearing or the decision maker was biased)
- irrelevant factors were taken into account or relevant ones were ignored
- the decision was unreasonable
- the decision maker applied policy inflexibly
- an error of law
- a jurisdictional error
Our principal solicitor Judit Albecz has over 25 years of experience as a lawyer and is also a registered migration agent. We are experts in immigration law and always aim to pursue the best outcome for your unique circumstances.
If your visa has been refused or cancelled, please contact us for expert legal advice in English or Hungarian.
This information in this article is intended as introductory legal information only and not a substitute for legal advice.