Visa or citizenship
Appeal to AAT-FCC-HCA
Australian visas and visa refusal
There are about 70 visa subclasses currently in the Australian visa program to help individual and business to live in Australia.
Australian immigration rules are constantly changing to reflect the chaos of the world. Through the visa program, Australia presents opportunities as well as creating stress for an immigrant who is willing to make a new life in Australia.
Averagely there are about 8 millions visa applications lodged each year, but only 55% of visa application is successful.
In the Australian visa system, there are in-bedded review procedures to provide justice to the visa applicant whose visa or citizenship application are refused.
These review procedures are protected by rule of law in Australia, which includes administrative merit review and court appeal, such as visa appeal to AAT-FCC- HCA.
AAT stands for Administrative Appeals Tribunal
FCC stands for Federal Circuit Court of Australia
HCA stands for High Court of Australia
Australian Citizenship (Passport) and refusal
Once you become an Australian permanent resident (PR), normally obtaining Australian citizenship is just a matter of time.
When applicants failed their Australian citizenship application, Australia will have to provide the opportunities for the applicant to seek justice. This justice system will include both administrative merit review and court review such as AAT- FCC- HCA.
Often, the applicant failed the very strict scrutiny about their good character when applying for Australian citizenship.
A Good character of a citizen generally refers to the “enduring moral qualities of a person”.
Australian law has a list of behaviour or conducts would not pass the test of “Good character” which preventing you become an Australian citizen.
There is a huge amount of Australian case law about the test of “Good character”. We have presented our clients in the Court to address their character issues successfully.
Appeal to AAT-FCC-HCA
Visa or Citizenship
Appeal to AAT-FCC-HCA
Have you received such a notice?
- Cancellation to your visa, or;
- Refusal to your visa application, or;
- Cancellation to your Australian citizen, or;
- Refusal to your Australian citizenship application, or;
- Refusal to release your information by a government agency;
- Refusal to your claim for worker’s compensation.
If you did receive the notice, you must understand:
- You have a limited time to lodge the appeal;
- What is the benefit to appeal?
- What the consequence is if you do not appeal;
- What is the chance of success from the appeal?
Generally, if you believe the reasons for your visa or citizenship refusal are untrue or unfair, you might seek the legal justification from AAT, FCC, FCA, or seek the internal review if this path is available.
What is AAT?
The AdministrativeAppeals Tribunal (AAT) conducts independent merit reviews of administrative decisions made under Commonwealth laws.
AAT reviews decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies.
What AAT can do?
Merit review of an administrative decision involves considering afresh the facts, law and policy relating to that decision.
The Tribunal considers the material before it and decides what is the correct – or, in a discretionary area, the preferable – decision. Tribunal is not bound by the rules of evidence and can inform itself in any manner it considers appropriate.
What is FCC?
The Federal CircuitCourt of Australia (FCC)can review some decisions made under more than 12 Commonwealth laws, such as the Migration Act 1958, the Freedom of Information Act 1982, the Citizenship Act 1955, and the Worker’s Compensation Act1987. These include decisions made by the Minister for Department of Home Affairs (the Minister), the RefugeeReview Tribunal and the Migration Review Tribunal.
FCC may only review a decision in order to determine if a ‘jurisdictional error’ has been made.
What is “Jurisdictional Error”?
“Jurisdictional error” involves decision maker exceeding limits on decision-making power, such as:
- Failure to perform statutory task
- Failure to deal with an “integer” of a claim
- Failure to consider a factual claim and/or factual claim misstated
- Failure to consider material (as opposed to integer)
- Denial of procedural fairness
- Unreasonableness or illogicality
What FCC can do?
If the Court finds a “jurisdictional error”, it can refer your case back to the decision maker, and prevent the Minister from acting on the decision.
What is HCA?
High Court of Australia (HCA)is the highest court in the Australian judicial system. The functions of the High Court are to interpret and apply the law of Australia. The subject matter of the cases heard by the Court traverses the whole range of Australian law.
What HCA can do?
There is no automatic right to have an appeal heard by the High Court and parties who wish to appeal must persuade the Court in a preliminary hearing that there are special reasons to cause the appeal to be heard.
Where we can help?
Expatlawyer has been in Australian visa game for more than 17 years, helped large a number of visa applicant seeking justice in AAT, FCC & HCA successfully.
We see the visa is just a step during your migrating journey to Australia, it is not the start nor is it an end for you, just a step you might need some expertise to go through. So if your visa or citizenship is refused, don’t be daunting, seek professional help.
What we really like to see is that you remake your life and seize the opportunities in Australia in its full.
When you are dealing with Australian visa refusal or citizenship complications, timing is vital in term of protecting your rights. We have 20 years of practical experience to help you.