APPEALS AND WAIVERS

Appeals (MRT, AAT, RRT)

Have you had a visa refused, cancelled or advised by DIAC of an intention to cancel a visa?

Onshore or sponsored visa application refusals and cancellations can be challenged in a tribunal or the Federal Court. National Visas can represent you at a tribunal, prepare ministerial intervention requests on your behalf, and work with solicitors for matters that go before the federal court.

Tribunal and Court Appeal Options:

Migration Review Tribunal (MRT): A refused visa application or cancelled visa may have rights of review (appeal) at the Migration Review Tribunal.

Administrative Appeals Tribunal (AAT): The AAT reviews administrative decisions made by a range of Australian authorities. Refusal of an Australian Citizenship application may have rights of review (appeal) at the AAT.

Refugee Review Tribunal (RRT): The RRT reviews decisions made in protection or refugee visa applications.

Federal Court: An appeal to the Federal Court may be an option if the MRT or AAT action has been unsuccessful.

Ministerial Intervention: Migration Law empowers the Minister to substitute a negative tribunal decision with a more favourable one on compassionate grounds, and/or if the Minister personally believes it is in the public interest to do so.

Waivers

Have you been requested by DIAC to provide a waiver or do you need to include a waiver as part of an application?

If you are eligible for a waiver DIAC will send you a letter advising that you, or your dependants, have failed to meet a given requirement and that a waiver may be considered.

A waiver is an opportunity for you to put forward additional claims and information in support of your application where requirements are not initially met (for example a health or character waiver).

National Visas experienced Migration Agents can guide you through the waiver process and help you submit as strong a case as possible for your circumstances.

The Next Step:

For more information please contact National Visas on +61 (0)3 9038 8622.

Telephone Consultation with a Registered Migration Agent

1900 900 010 - This service is only available for people in Australia - AU$3.96/minute inc GST billed to your phone account. Service provided by Infodial.

+61 (0) 3 8646 3148 - This service is available for people out of Australia and in Australia - AU$3.89/minute inc GST billed to your Credit Card. Service provided by Infodial.

Please be aware that to comply with Department of Immigration and Citizenship (DIAC) regulations, we require that you read the Migration Advice Profession Document before using this service.