Court & Appeals
If your visa is refused in Australia and you wish to appeal to the Administrative Appeals Tribunal (AAT), we can help you understand your legal rights and prepare a strong case for appeal.
Under the Migration Act 1958 (Cth), the Department of Home Affairs has the power to cancel a visa if the visa holder does not meet the conditions of their visa, if they provide false information, or if they are found to be of bad character.
Some common reasons for cancellation include:
Section 116: This section allows the Minister to cancel a visa if the visa holder does not meet the character requirements, including if they have a criminal record or pose a threat to national security.
Section 501: This section allows the Minister to cancel a visa if the visa holder fails the character test, including if they have been sentenced to imprisonment for 12 months or more.
Section 116(1)(e): This section allows the Minister to cancel a visa if the visa holder provided false or misleading information in their visa application or during their stay in Australia.
If your visa is cancelled in Australia, a lawyer can help you understand your legal rights and options for appeal. They can assist with preparing and submitting your appeal application, evidence, and submissions. Cancellations are complex issues that require specific and considered legal advice.
Appealing to court is a stressful and overwhelming experience. We can represent and guide you throughout the process at the Federal Circuit and Family Court of Australia and the Federal Court of Australia.
We can review the decision that led to the visa refusal and identify any legal errors or procedural irregularities that may have occurred. We have expert skills in judicial review and can assist with the preparation of the necessary submissions and legal arguments.
