Appeals

Our team at Rothstein Lawyers can represent you in an application to the Administrative Appeals Tribunal, Federal Circuit Court or Federal Court of Australia.

 

We can also make a request for Ministerial Intervention on your behalf.

 

Visa Application Refusals and Appeals to the Administrtive Appeals Tribunal or Federal/High Court

The Department of Home Affairs cancels or refuses numerous visas and visa applications. We assist with appeals to the:

  • Administrative Appeals Tribunal
  • Federal Courts
  • Minister of Immigration and Border Protection to intervene if it is in the public interest to do so.

Please contact us to arrange for an initial assessment of your situation.

Visa Condition Breaches

We can provide detailed replies to a notice of intention to consider cancellation issued for the following reasons:

  • Breaching a visa condition (Section 116);
  • Ceasing employment with a sponsor (Section 116);
  • Where grounds no longer exist for the holding of a visa (Section 116)
  • Providing incorrect information (Section 109);
  • Business visa holders failing to abide by the conditions of their visa (Section 137);
  • Consequential cancellations (Section 140);
  • Failing to pass the character test (Section 501).

Visa Cancellations/ Unlawful Residence Status

Each year we see many people who are in Australia but who do not hold a valid Australian visa. Either they have overstayed their visa or had their existing visa cancelled. We can advise on the prospects of becoming unlawful. As we are lawyers and migration agents all information provided to us is protected by client professional privilege. 

New interpretation of “incapacitated for work”

The Court found that the purpose of the Migration Regulations was essentially to allow grant of a visa to an adult child who, by reason of substantial incapacity to work, was financially dependent on his/her parents.

Talk to us today

We’re here to help you with whatever you may need. We specialise in complex immigration, citizenship applications and appeals.

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