Business Visa

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Australian Visa Appeal

Are you facing the challenge of having your Australian visa application rejected? It can be a frustrating and stressful experience, but there is hope. You can appeal the decision, and our registered consultant can help you.

In this article, we’ll cover everything you need about Australian visa appeals and how our consultant can assist you. We’ll discuss the grounds for appeal, the appeals process, and why having an experienced professional on your side is essential.

Grounds for Appeal

There are several grounds for appeal that an applicant can use to challenge a refused visa application. These grounds include:

Legal Error

One of the most common grounds for appeal is that the DHA made a legal error in the decision-making process. This can include an error in the interpretation of the law, a mistake of fact, or a failure to consider relevant information. If an applicant can prove that the DHA made a legal error, the AAT may overturn the decision and grant the visa.

Procedural Fairness

Procedural fairness means that the decision-making process followed by the DHA was fair and unbiased. For example, if the applicant believes that the DHA did not follow the correct procedures or that the decision was based on incorrect information, the applicant was not given an opportunity to respond to the DHA’s concerns or was not provided with all the relevant information, you can appeal on this ground.

Factual Error

The jurisdictional error refers to a situation where the DHA made a decision it did not have the legal authority to make. For example, if the DHA refused your visa application because it believed that you did not meet the health requirements, but you believe that you did meet them, you can appeal on this ground.

Changed Circumstances

Sometimes, an applicant’s circumstances may have changed since they submitted their visa application. If these changes are significant and could affect the visa decision, the applicant can appeal on the grounds of changed circumstances. For example, if an applicant has developed a medical condition since their visa application was refused, they may be able to appeal on the grounds of changed circumstances.

Public Interest Criterion

Certain visa subclasses require that the applicant meets specific public interest criteria. If the DHA refused the visa application on the grounds that the applicant did not meet these criteria, the applicant could appeal on the grounds that they do meet the criteria. This can include situations where the applicant’s visa would be in the public interest, such as if they have a high-demand skill in Australia.

Other Reasons

There may be other reasons an applicant wants to appeal a visa decision. For example, if the applicant believes that the decision is unjust or that

The Appeals Process

The Australian visa appeals process involves several steps, and it can be challenging to navigate on your own. That’s where our registered consultant comes in. Here are the steps involved in the appeals process:

Review: Our consultant will review the visa refusal decision and identify the grounds for appeal.

Preparation: We’ll gather evidence and prepare a solid case to support your appeal.

Submissions: Our consultant will submit the appeal to the relevant authorities and represent you in all communications.

Review: Once the appeal is lodged, the Administrative Appeals Tribunal (AAT) will review the case.

Decision: The AAT will decide based on the evidence presented, and our consultant will keep you informed throughout the process.

Why Choose Our Registered Consultants?

Appealing a visa refusal decision can be a complex and time-consuming process, and having an experienced professional on your side is essential. Here are some of the reasons why you should choose our registered consultant:

Expertise: Our consultant has extensive experience in Australian immigration law and the appeals process.

Support: We’ll provide you with personalised support throughout the appeals process, and we’ll keep you informed at every stage.

Results: We have a proven track record of success in visa appeals and will work tirelessly to achieve the best possible outcome for you.

Compliance: Our consultant is registered with the Migration Agents Registration Authority (MARA), ensuring that we comply with all relevant regulations and ethical standards.

FAQs

Q: Can I appeal a visa decision if I’ve already left Australia?
A: Yes, you can still appeal a visa decision even if you’ve already left Australia.

Q: How long does the appeals process take?
A: The appeals process can take several months, and being patient and prepared for a potentially lengthy process is essential.

Q: Can I represent myself in a visa appeal?
A: Yes, you can represent yourself in a visa appeal, but it’s highly recommended that you seek professional assistance to maximise your chances of success.

Appealing a visa refusal decision can be daunting, but with our registered consultant’s help, you can increase your chances of success. Our consultant has the expertise, experience and track record of success to support you throughout the appeals process. So, if you’re facing the challenge of a visa refusal, don’t hesitate to contact us for assistance.

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