Visa appeals - challenging a negative decision

Usually people can challenge decisions that are made by the Department of Immigration * Border Protection (DIBP) to refuse a visa application or cancel an existing visa.

The government has established a number of specialist Tribunals which are responsible for reconsidering negative decisions made by the DIBP.

Applications are usually refused or visas cancelled because:

• the application raises one or more complex legal or factual issues which are decided against the applicant
• insufficient evidence is presented to the Department of Immigration
• the case wasn't properly explained to the Department of immigration
• the claims of the applicant were not believed, or
• a combination of all of these factors.

Cases where a visa application is refused or a visa is cancelled because an applicant does not pass the health or character requirements are particularly difficult.

If you have received a negative decision from a Tribunal, and in certain circumstances the Department, you can apply to a Court to consider whether the decision was made lawfully – in accordance with the rules. You can ask the Minister to let you stay in Australia even though you have received a negative decision.

If you have any questions or require advice, please contact Ryan Curtis-Griffiths at Nevett Ford Lawyers Melbourne by telephone: +61 3 9614 7111 or by email: rcurtisgriffiths@nevettford.com.au