Immigration Visa Appeals & Advice
Navigating your way through immigration and migration matters can be difficult as they are complex and often become extremely time-consuming.
At FourLion Legal we provide a wide and full range of services to help guide our clients, drawing on the extensive experience of our team which includes talented immigration lawyers and a registered Migration Agent. Work with one of our experienced immigration lawyers in Perth and speak to us today.
You may also wish to review the information on the OMARA website which is available in multiple languages. The OMARA factsheet ‘Giving immigration assistance in Australia’ explains who can legally provide immigration assistance in Australia and is available in languages other than English.
Our immigration services
Applications for visas such as:
- Partner/Spouse visa
- Family Violence Applications
- Refugee/Protection Visa
- Resident Return/Permanent Residency Visa
- Tourist Visa
We can also assist you with:
- Advice and applications in relation to Australian Citizenship
- Advice with respect to Resident Return Visa
- Advice with regards to immigration decisions and reviews/appeals
- Attending immigration interviews
- Negotiating deportation with the DIBP
- Non-Revocation of visa cancellations
- Procedural Fairness or show cause submissions why a visa ought not be cancelled
- Providing advice with respect to requirements to inform the DIBP with the change of your circumstances
- Advice and submissions to the DIBP in relation to character issues;
- Advice and submissions to the DIBP in relation to the public interest criterion 4020 to not provide bogus documents or misleading information
- Reviewing denial of protection/ refugee visa decisions
- Visa cancellations
- Applications for Ministerial Intervention
In addition, if you or someone you know is in immigration detention, we are able provide advice in relation to the options available to the person in detention. Please contact us for further information.
Merits Review – Administrative Appeals Tribunal
If you have been refused the grant of a visa or your visa has been cancelled, you are eligible in the first instance to seek a review (or appeal) of the decision, which is called a merits review, by the Administrative Appeals Tribunal (AAT). Merits Review is an administrative reconsideration of a case that looks at the case facts and the law. During the merits review at the AAT, new information and evidence can still be submitted for the Tribunal Member’s consideration.
There is a strict time limit from when a decision has been made to when the application must be lodged. You must immediately seek legal advice.
The merits review body has the power to:
- affirm (not change) the primary decision
- set aside the primary decision
- remit (return) a matter to the Department of Immigration and Border Protection for reconsideration with specific directions.
If you wish to seek a merits review or appeal a DIBP decision, it is best to seek legal advice at this stage. Unfortunately, a lot of people underestimate the difficulty of the process of obtaining a successful merits review decision. Our team at FourLion Legal are skilled in this area of law and are here to assist and guide you through the process.
Judicial Review – Federal Circuit Court
If you have been refused the grant of a visa or your visa has been cancelled and you have already unsuccessfully attempted a merits review at the AAT, you may have the option to apply for a judicial review of the AAT’s decision.
Judicial Review enables a person to seek a review by the Court of the lawfulness or the legality of a decision by an administrative body, in this case, the AAT. In other words, whether the decision maker (often a tribunal member) had the power to make that decision and if they made it fairly without error of law. Grounds for Judicial Review include:
- no jurisdiction – whether the decision maker had the power to make the decision
- error of law – misunderstanding or misapplication of the law
- improper exercise of power
- taking into account irrelevant considerations
- failing to take into account relevant considerations
- improper purpose – where a decision or action whilst on its face may be proper under the law, is designed to achieve a purpose beyond the responsibility of that government body
- unreasonableness – a decision so tainted that no other reasonable decision maker would have reached it
- bad faith – where a decision is affected by corruption, bribery, dishonesty or similar malpractice
- no bias rule – a decision must be free from bias
- natural justice – to be given a reasonable opportunity to be heard, and have a decision maker who is free from actual bias or the appearance of bias
- a fair hearing rule – a person must be given fair and reasonable warning of the hearing so they have sufficient time to prepare their case and present it
The threshold to be successful in seeking a Judicial Review of an administrative decision is high and it is a technical area of law. Our team of experienced lawyers can provide you with advice on the prospects of success, discuss what options are available to you, guide you through the application process, prepare your affidavit and submissions and represent you at Court appearances.
Start a conversation with our immigration lawyers
If you’d like advice on the immigration appeals open to you or would like to discuss your circumstances, start a conversation today. Call us on (08) 9335 6643 to talk with one of the qualified lawyers at our Perth and Fremantle offices about your situation.