Appealing a decision made by the Department of Immigration and Citizenship (DIAC)

qh & partners can assist you when you have received a decision by DIAC to refuse or cancel a visa. Most cases that are subject to review are appealed at the Migration Review Tribunal for merits review. However, the appeal process may also proceed to the Administrative Appeals Tribunal or the Federal Court of Australia in special circumstances.

Appealing a decision to refuse or cancel a visa can only be made by applicants in Australia at the time the decision was received.

Overseas visa applicants who have had their visa applications refused are not usually eligible to apply for appeal unless they are sponsored by an Australian organisation, Australian citizen or permanent resident.

To make an assessment of your appeal options, qh & partners will need as much information and documentation as possible regarding the visa decision or cancellation. Applicants should be aware that the appeal process can be lengthy and stressful and you will not have any work or study rights unless there are compassionate grounds for you to do so.

As there are strict time restrictions in applying for appeal with the relevant appeal body, it is prudent that you contact qh & partners as soon as you have received a decision made in relation to a sponsorship/visa application or visa cancellation as soon as possible to assess your appeal options.

In the event that you have exhausted the tribunal appeal process and still have grounds to appeal, we can arrange for a barrister to take the matter further and appeal to the Federal Court or High Court of Australia.