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LEGAL PRACTICE AREAS

Visa Application

Knowing the right visa to apply and lodging the visa application can be quite challenging and frightening because Australian visas start from subclass 010 to subclass 995. Each visa subclass has its own visa criteria that must be satisfied for the visa to be granted. You will also need an online account to lodge your visa application.

 

To understand the visa criteria, you will need to know the Australian migration law. If your visa application is refused, the visa application fee will not be refunded. Visa application fees vary from $35 to more than $10,000.

 

As your immigration lawyer, we’ll help you find the right visa and guide you with your visa application.

Responding to the Department of Immigration correspondence

After you have lodged your visa application, the Department of Immigration (Department of Home Affairs) may write to you to comment on adverse information. You may be given between 7 to 28 days to provide the Department of Immigration with a response.

 

The response you are required to provide is usually related to the migration law. Depending on your response, the Department of Immigration may proceed to evaluate your visa application further or refuse to grant you the visa or cancel your current visa.

 

As your immigration lawyer, we can respond to the Department and provide them with compelling legal submission arguing why your visa should be granted or why your visa should not be cancelled.

visa refused or cancelled on character grounds

Challenging visa refusal and visa cancellation

If the Department of Immigration refused to grant you the visa, you may challenge the visa refusal if the decision is not made according to law.

 

If the Department issued you with a notice of intention to consider cancelling your visa, you may request them not to cancel by making legal submissions.

 

The Department will vacate their refusal decision if it is not made according to law and re-assess your visa application. Similarly, the Department may decide not to cancel your visa if they accept your submissions. However, you will only be able to do this if you know Australia migration law.

 

As your immigration lawyer, we will provide compelling legal submissions arguing why the Department visa refusal or visa cancellation decision is affected by jurisdictional error and a new decision should be made according to law.

AAT (Administrative Appeals Tribunal) merits review

If your visa application is refused or your visa is cancelled, you can apply to the AAT for a merits review. AAT has a legal duty to review the Department of Immigration decision.

 

The AAT has a legal duty to invite you to appear before it to give evidence and present arguments. You can engage the services of an immigration lawyer to provide you with migration legal assistance and represent you at the hearing.

 

As your immigration lawyer, we will provide written compelling submissions to the AAT before your hearing. At the AAT hearing, we will make sure the answers you give are relevant. We will also make oral submissions to convince the AAT to set aside the cancellation decision or to remit the visa refusal decision back to the Department because you satisfied the criteria for the grant of the visa.

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Find out how we can help you achieve your lifestyle and living in Australia goals.