Appeals
Unsuccessful applications can be stressful. We can help you appeal visa or citizenship refusals and will aim to minimise your disruption during the process.
AAT (Administrative Appeal Tribunal)
The AAT review decisions made by Australian Government ministers, departments such as the Immigration Department and other agencies concerning your application. This is usually the next step after you receive a negative decision on your application.
IAA (Immigration Assembly Authority)
The role of the IAA is to conduct reviews of fast track reviewable decisions. These are immigration decisions to refuse to grant a protection visa to a fast track applicant.
Judicial Review
If you have received a negative outcome at a merits review (including the AAT or IAA) you may appeal that decision to the courts. Judicial review of a migration decision is a complex process which Playfair can assist with. Playfair’s experience together with our panel of prominent barristers around Australia ensures our clients receive the best outcomes.
FAQs
This depends on how you had received the negative decision, the grounds for refusal and also the timeframe set by the Department in their notification letter. In most cases, you will between 9-28 days to lodge an appeal. If received by post, you may be given an extra period for the time it takes to be received through the post.
It is important to lodge the application within the specified time period as late appeal application lodgements may not be accepted by the Administrative Appeals Tribunal. A grant of extension is needed before you can lodge the application out of time.
It is best to contact us as soon as you receive the notification of the negative decision so that you are aware of set deadlines, prospects or success as well as visa expiry dates. Failure to do so may complicate your matter and lead to irreversible consequences.
After your application is lodged, provided it is lodged within the permitted timeframe, your current bridging visa will be extended until a decision is made on the appeal application. We would usually provide you with advice as to what further documents and information are needed to assist in the preparation of the appeal hearing. Once a hearing date is allocated, we will prepare detailed submissions outlining your arguments, provide additional evidence in support of the arguments and attend the hearing with you.
This depends on the Tribunal’s workload and their timetable. Usually, it would take months to years for a hearing date to be allocated. During such time, you will remain on a bridging visa until a decision is made. If you are on a Bridging Visa A or B, you will be able to obtain travel permission during this waiting period. Where you are on a Bridging Visa C and above, you will not be able to leave Australia during the waiting period.
Unlike an appeal application to the Administrative Appeals Tribunal, an application to appeal a Tribunal decision will not automatically grant you a Bridging Visa. This is applied separately and also after you have filed the application with the relevant court. As such, we recommend filing the appeal application well before any expiry of your bridging visa. This ensures your lawful status in Australia.
At some stage in the future after filing the application, a final hearing date will be allocated so that the Judge can assess your application to determine if a jurisdictional error was made during the decision making process for your matter at the Tribunal level.