Appeal

Appeal related Services

AMS Migration is highly experienced in successfully appealing in visa refusal appeals and reviews. Our highly qualified professional team is expert in preparing legal arguments to help you appeal your visa refusal if you have a valid claim. We can help you in lodging appeals to the following bodies depending on your particular case:

  • Merits review by the Migration Review Tribunal (MRT)
  • Merits review by the Refugee Review Tribunal (RRT)
  • Review at the Administrative Appeals Tribunal (AAT)
  • Judicial review Federal Court
  • Request for Ministerial Intervention

Which decisions can be reviewed?

PLEASE NOTE that not all decisions can be reviewed. The Migration Act specifies which decisions can be reviewed. We recommend that you contact us to discuss your particular issue as soon as possible:

Generally the following decisions can be reviewed (non exhaustive list):

  • Refusing a visitor’s visa to a person who is overseas and has Australian relatives who are referred to in the application.
  • Some decisions about the assessment of points.
  • Some decisions refusing a visa to a person who is already in Australia;
  • Refusing a visa to a person who is overseas and has an Australian sponsor.

Review kinds

Merits Review

This means that the decision of the body making the decision can be looked at on its "merits", rather than the lawfulness of the decision. In other words the person seeking the review believes the decision of the body was wrong, not necessarily a breach of their powers under the law.

Judicial Revie

Unlike "merits review", this is where a Court looks at the way on which an administrative body or Tribunal exercises its power under the law.

Other Review

In some instances you can also seek review by the Administrative Appeal Tribunal or ministerial intervention. Our Migration agents and lawyers are highly skilled in preparing and drafting legal arguments on your behalf - if you have a valid claim.

Time limits on review

There are very strict time limits that apply to all reviews, so it is very important to get legal advice immediately.