Usually there is a limited period of time so it is essential that you seek advice as soon as possible, if you need assistance in making a decision.
The key issues to consider are:
- it is a decision I can apply for review or appeal?
- on what grounds can I apply?
- what is the procedure for applying for review or appeal?
- What are the time limits involved, and the likely costs?
- what body can I appeal to?
- If there are different options what are the merits of each?
- do I have prospects of successfully overturning the initial decision?
- what will be my visa status while applying for review?
Not all decisions are ‘reviewable decisions’, but the department’s decision-maker will advise you in writing if the decision is reviewable, and what steps you can take if you want to ask for a review. All visa decisions with a right of review are reviewable by the Administrative Appeals Tribunal (AAT)
In general term AAT conduct ‘merits review’ of the decision of the Department. That is it looks afresh at the decision and can take into account information previously given to the Department but also any new evidence or information the review applicant can put forward.
Generally speaking the tribunals are not bound like the courts of law with rules of evidence but are supposed to be ‘fair, just, economical, informal and quick’.
There is also usually an ability to appeal the lawfulness of the Department’s decision making in the courts, however the grounds of review may be more limited and this is usually a much more expensive option.
Australia Visa Choice can advise clients on potential review or appeal options and assist in the preparation of such cases if there are reasonable prospects of success, whilst keeping costs to a minimum.