TRIBUNAL AND COURT APPEAL SERVICES
Turner Coulson Immigration Lawyers offer the following services:
Administrative Appeal Tribunals - Migration Review Division
Visa Refusals and Cancellations
You can rely on us and our legal services due to our lawyers and migration agents expertise gained over more than 20 years handling matters from the Immigration Review Tribunals through to the Federal and High Courts of Australia, With Turner Coulson, you can be confident that you and your immigration and legal matters are in good hands.
If your Australian visa has been refused or cancelled, Turner Coulson will prepare, run your appeal and appear on your behalf at your hearing.
The vast majority of visa Appeals against visa refusals and cancellations are now all heard in the Administrative Appeal Tribunal, Migration Review Division.
Formerly known individually as the Migration Review and Refugee Review Tribunals, these Tribunals have now been merged into the Administrative Appeals Tribunal (AAT) and are heard by the Migration Review Division.
NOTE: On 11 December 2014, new cancellation powers and processes were introduced under section 133A (relating to cancellations under section 109) and section 133C ( relating to cancellations under section 116) of the Migration Act 1958. These sections give the Minister the power to cancel visas where an appeal to the AAT – MRD has been successful. This means that you may appeal against your visa cancellation, win and get your visa reinstated only for the Minister to step in and decide to cancel your visa again. If he decides to do this personally, then you will not get notice and not be able to appeal to a Tribunal against the cancellation. Your only option then would be to consider a Court appeal or further visa application that can be lodged following cancellation.
Administrative Appeal Tribunals - General Division Appeals
Section 501 Character Cancellation and Refusal
Australian Citizenship Refusals and Cancellations
If your visa has been refused or cancelled under the provisions of Section 501 of the Migration Act 1958 on the basis that you have failed, or considered to have failed, the character test, your appeal will be heard in the by the AAT – General Division and not the AAT, Migration Review Division
NOTE: Effective from 11 December 2014, the section 501 character cancellation provisions have been amended with dramatic effect on people serving custodial sentences in Australian prisons. The effect of the new section 501 (3A), is that if a person is in prison serving a sentence of 12 months or more, than the Minister for Immigration and Border Protection must move to cancel the person's visa. The person will not receive a Notice of Intention to Consider Cancellation (NOICC) of the visa but will only receive notice of actual cancellation.
When released from prison, the cancelled visa holder will be met by immigration officers and taken directly into immigration detention. They then have 28 days from the date of 'deemed' notice of cancellation to seek revocation of the cancellation. If this is not successful, you must then appeal to the AAT.
Pre-Cancellation or Refusal Submissions
It is also important to act before visa refusal or cancellation when you receive at Notice of Intention to Consider Cancellation or Refusal as it is preferable to avoid cancellation or refusal rather than to have to overturn these decisions.
We regularly act for clients in making submissions to the Department of Immigration And Border Protection (DIBP) against refusals and cancellations and have a high success rate when instructed in these matters Time is of the essence and the earlier we are get involved, the better the chance of avoiding refusal / cancellation or if cancelled, acting in your appeal to have your visa re-instated or granted on appeal.
More information/advice can be found at the links below:
More information on appealing to the AAT Migration Review Division can be found by clicking the links below – tribunal can be found below:
- Judicial Review of MRT/RRT/AAT Decisions – Are you sure you have exhausted all your options or is there a legal solution your migration agent hasn't considered yet or isn't aware of?
- Criminal Law – If you have a criminal matter or conviction and are on an Australian visa, your visa is at risk of cancellation.
- Family Law – Immigration law and family law go hand in hand.
- Contract , Financial or Employment Law Disputes – When entering into a Contract you should get advice on the meaning and effect of the Contract and ensure the Contract is drafted in way to both protect and promote your best interests and goals.