Can I appeal the decision to refuse to grant a visa or to cancel a visa?
Most decisions made in Australia can be reviewed, as well as a number made overseas. However, there are strict time limits.When you are notified of a decision to refuse to grant or to cancel a visa, you will also be advised as to whether you may seek a review of the decision made. Depending on the nature of the decision, any right of review you have will be to one of the relevant Review Tribunals. The review in each case will be a review of the merits of the decision.Generally, a decision made outside Australia refusing to grant a visa where there is no nomination or sponsorship in that subclass is not reviewable. Where sponsorship or nomination is involved, then the sponsor or nominator in Australia or an Australian relative of the visa applicant can seek rights of review.If your review is unsuccessful, and you still believe Immigration is wrong, it may be possible to seek review of that decision by the Federal Court. The review by the Court is not a review of the merits of the decision. This is only if the tribunal has made a mistake in applying the law in decision-making process.If you are arguing with the Department of Immigration about a case, it is very useful to make a Freedom of Information application to see what is on the file.
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