Has your visa been refused or cancelled?

‘Natural Justice’ is a concept which is instilled within the legal and administrative processes of Australia. 

If a visa has been refused or cancelled, in Australia, it is subject to natural justice and procedural fairness.

Essentially the fundamental concept of natural justice is that everyone is entitled to:

  • A right to respond to negative allegations or comments
  • A right to be heard by an independent and impartial tribunal 
  • A decision that is impartial and unbiased

The aim is to ensure that all decision-making is fair. 

If you have received a negative decision from the Department (i.e. a visa refusal or a decision to cancel your visa) you will almost always have a right to appeal this decision for reconsideration by the Administrative Appeals Tribunal. There are however certain circumstances where this is not possible such as you are not in Australia, you did not appeal within the timeframe, you are not the correct person to be lodging the appeal etc. 

Even if you are unable to appeal to the Administrative Appeals Tribunal, you may still have an opportunity to appeal to the legal forums of Australia such as the Federal Circuit Court of Australia or Federal Court of Australia. 

Once you enter the space of appeals, we would strongly recommend that a lawyer is consulted as there are very specific legal requirements and procedures that you need to go through to ensure a successful case.

The further you go down the chain of appeal, the more costly it will be because it will become more and more difficult to win.

Please send your refusal or cancellation decision to us at [email protected] or book in a consultation to ensure you know all the options you have. 

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    Rochelle Zhu

    Graduate Solicitor

    Adele Wan

    Head of Immigration | Solicitor (Partner)

    Successful Cases

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