Immigration Law Sydney

Please note that the information we provide in this article about immigration law Sydney is current as of the date of publication, and the DHA regularly updates rules and regulations. Kindly ensure that you check the official updates before making any decisions, or speak with an immigration lawyer for the most up-to-date information, as laws and conditions are subject to change.

This article will talk about an essential topic under immigration law Sydney: how to appeal a rejected visa? 

Two main legislation govern immigration law Sydney. First, we have the Migration Act 1958 which  is the foundation of Australian immigration law. This law outlines the legal framework for visas, citizenship, and deportation. 

Second, we have the Migration Regulations 1994. This regulation provides more specific details on visa requirements, application processes, and other administrative procedures. 

Rules on visa application are found under these laws. There are various visa categories for skilled workers, students, families, businesses, and others. 

However, not all visa applications are granted by the Department of Home Affairs (DHA) for various reasons. Your remedy to a rejected visa is an appeal to the Administrative Appeals Tribunal.

Let’s talk about the reasons for visa rejection first under immigration law Sydney.

Immigration Law Sydney: Reasons for Visa Rejection

If you apply for an Australian visa, make sure that you follow all the rules and comply with the requirements that the immigration law Sydney and DHA require. Here are some of the most common reasons for visa rejection:

1. Missing Documents – Failing to submit all the required documents can lead to delays or rejection.
2. Inaccurate Information – Providing false or misleading information is a serious offence and can result in a permanent visa ban.
3. Incomplete Forms – Double check all sections of the application form are filled out correctly and comprehensively.
4. Character Requirements – A criminal record or history of visa breaches can lead to rejection.
5. Health Concerns – Not meeting health check requirements, particularly for serious medical conditions, can be a reason for refusal.
6. Financial Issues –  Not demonstrating sufficient funds to support yourself during your stay in Australia can be problematic.

You must ascertain the cause of rejection if your visa application is denied. The DHA will also include the details in the rejection letter.  In the event that you feel the decision was incorrect, you have the option to file an appeal which we will discuss in the later part of this article.

Provisions on Visa Refusal under the Migration Act

To know more about visa refusal or cancellation, the immigration law Sydney (Migration Act 1958) establishes the rules under Section 500A to 501J:

1. Section 501. Refusal or cancellation of visa on character grounds  
2. Section 501A. Refusal or cancellation of visa–setting aside and substitution of non – adverse decision under subsection 501(1) or (2)  
3. Section 501B. Refusal or cancellation of visa–setting aside and substitution of adverse decision under subsection 501(1) or (2)  
4. Section 501BA. Cancellation of visa–setting aside and substitution of non – adverse decision under section 501CA  
5. Section 501C. Refusal or cancellation of visa–revocation of decision under subsection 501(3) or 501A(3)  
6. Section 501CA. Cancellation of visa–revocation of decision under subsection 501(3A) (person serving sentence of imprisonment)  
7. Section 501D. Refusal or cancellation of visa–method of satisfying Minister that person passes the character test  
8. Section 501E. Refusal or cancellation of visa–prohibition on applying for other visas  
9. Section 501F. Refusal or cancellation of visa–refusal of other visa applications and cancellation of other visas  
10. Section 501G. Refusal or cancellation of visa–notification of decision  
11. Section 501H. Refusal or cancellation of visa–miscellaneous provisions  
12. Section 501HA. Application of sections 501 to 501H to transitional (permanent) visas and transitional (temporary) visas  
13. Section 501J. Refusal or cancellation of protection visa–Minister may substitute more favourable decision  

Keep in mind that there are other laws pertaining to immigration that are not included here. It is strongly advised that you speak with an immigration lawyer for particular guidance regarding your circumstances.

Immigration Law Sydney: The Administrative Appeals Tribunal 

What does the Administrative Appeals Tribunal (AAT) do? Under immigration law Sydney, the AAT can review visa refusal decisions but only specific cases such as the following:

• refusal or cancellation of any type of visa, including a protection visa, on character grounds under section 501
• decision to not revoke the mandatory cancellation of your visa on character grounds under section 501CA
• refusal of a protection visa on character grounds relying on sections 5H(2), 36(1C) or 36(2C)
• cancellation of a business visa under section 134.

Note that the rejection letter will specifically state whether the AAT can review your decision or not.  However, AAT’s review powers does not extend to the following situations:

• review of a decision under section 501 or 501CA made by the Minister personally
• review of the mandatory cancellation of a visa under section 501(3A) of the Migration Act: you must first apply to the Department for revocation of the mandatory cancellation.

NOTE: Important updates being made to the AAT

How To Appeal a Rejected Visa

If your rejection letter says that the AAT can review the rejection decision of your visa application, here’s what you must do:

1. File the application form.

• Application for review of decision (individual)
• Other applications forms

2. Pay the application fee. The standard application fee is  AUD 1,082. Application fees must be paid when the application is lodged. The AAT may dismiss your application if you do not pay the fee within six weeks after lodging the application. You can pay a fee in cash or by cheque, money order, EFTPOS or credit card (Visa or MasterCard).
3. Submit the form. You can send your form by email (generalreviews@aat.gov.au), post, or fax, or deliver it to a registry:

AAT, GPO Box 9955, Your capital city (Northern Territory residents should write to Adelaide) or Norfolk Island residents: AAT, c/- Supreme Court of Norfolk Island Registry, Kingston, Norfolk Island 2899

It is essential to contact a lawyer for such review processes.

Contact Sydney Immigration Lawyers Today

While the rejection letter will provide some details, a lawyer can discuss with you the legalities and analyse the specific reason for refusal. This can be an important aspect for formulating a successful approach.

Thus, if you decide to appeal the decision, JB Solicitors’ can significantly improve your chances. Our legal services help you understand the complexities of Australian immigration law and the appeals process. We can also help with visa process of the following:

• Partner visa and prospective marriage visa
• Permanent residency visa and other permanent residence matters
• Work visa or skilled visas
• Student visa

We can also identify potential errors in the initial assessment, gather supporting evidence, collaborate with migration agents, and present your case compellingly to the Administrative Appeals Tribunal (AAT) or at the local or federal court.

If you have questions, please feel free to our leading immigration lawyers us through this link.