A tiny breach of your Australian visa conditions can lead to visa cancellation or refusal. We appeal visa cancellations and refusals, and represent clients before the Administrative Appeals Tribunal or the Federal Court. We also assist with Ministerial Intervention applications.
Our process starts with an initial consultation. It is completely confidential – we never disclose to anyone what you tell us. When we know your full story, we can tell you what is your best option. If we think you can succeed, in most cases we will give a fixed price quote for our services. And if we think you have no chance, we will tell you.
Visa Appeals
If your visa application has been refused or your existing visa has been cancelled, you might be able to appeal the decision. If you win the appeal, your will be given a visa or your cancelled visa will be returned to you.
We see many visa refusals, particularly in the partner (family), student and employer nomination streams. Many applications are refused because applicants don’t have enough evidence to back their claims. For example, de-facto couples don’t show proof as to the earliest date on which their de-facto relationship began. Or students dont’ prove that they are coming to Australia genuinely for the purpose of study (and not permanent migration). Many of these initial visa refusals can be successfully appealed.
We also come across many visa cancellation cases. A great number of these happen because the Immigration Department finds out that the visa holder previously supplied false information or documents to support an earlier visa application. In many other cases, visas are cancelled on character grounds. This means the visa holder has committed a crime. With the right evidence, visa cancellations can be successfully challenged.
There are some very important issues which you need to consider early on.
Firstly, what are your chances of success? If you have a strong case, then it should be worth investing in professional help to secure your right to stay in Australia. On the other hand, if your case is hopeless, there is no point wasting money on lawyers.
Secondly, your ultimate success depends on the quality of your evidence,
Please take the time to read our detailed appeals page here, and contact us for more information.
Visa overstays
If you have overstayed your visa, we can provide you with advice and representation with your dealings with the Department of Home Affairs.
Overstaying the visa validity period is a very serious issue. Immigration officials may detain you (and potentially your family members). You may be forced to leave Australia and you may not be able to return for a number of years.
However, the good news is, we may be able to help you get a bridging visa, which may lead to a new substantive visa. You need to act urgently so please contact us on (07) 3063 2268 or here.
Ministerial intervention
When all else fails, it may be possible to apply for Ministerial Intervention to grant a visa. It is very rare that the Minister decides to intervene. To maximise your chances of success, you will need to demonstrate that there are exceptional and unique circumstances which warrant the intervention.
Many applications for intervention never make it to the Minister. There are set guidelines based on which officials of the Department of Immigration and Border Protection can refuse the application and prevent it from going to the Minister.
If you wish to apply for intervention, we can assist in advising you about your prospects of success, and then drafting your submissions for you. If we decide to take your case, we will carry out all necessary interviews, investigations and document reviews to ensure that our submissions get before the Minister so that a favourable decision can be made.
You can read more about Ministerial interventions here or contact us for a consultation.
Character test issues
Before you can be granted a visa you must be able to pass the so called “character test”. Visa applicants who do not pass this requirement may still be able to get a visa, but they must put evidence before the Department of Home Affairs to convince them that it is appropriate to grant the visa.
We can help visa applicants by obtaining all relevant evidence and by putting forward forceful submissions to maximise the prospects of a favourable visa decision. More details on our dedicated page and our blog article here.
Partner migration
Are you interested in partner migration?
If your spouse or de-facto partner is an Australian Citizen, Australian Permanent Resident or eligible NZ citizen, you can apply for a Partner visa to join your partner in Australia.
Click here to access our dedicated partner migration page.
