"Chinatown" news.china.com.au-Official media of Chinese Australians

Whether you come to Australia to study or immigrate, you all hope that your visa can get down smoothly. However, there are always some twists and turns in life, so the refusal is often encountered. Since last year,Australia's immigration policy is constantly tightening, Especially when the old and new policies alternate, such as the period after the implementation of the new policy for studying abroad in 7.1 last year,The rejection rate has also increased.

There are many reasons for refusal:

  • Some areOwn problem, Such as complex background, insufficient material preparation or even errors;
  • Some arePolicy changeDid not clarify the requirements;
  • There is also becauseDifferent visa officers have different interpretations of immigration regulationsand so on.
Regardless of the reason, the result is not what we want to see. If you are lucky, for example, the last substantive visa has not expired, or you are abroad, there is still a chance to resubmit the application. However, there are still many people who stay in China because they are restricted by visa terms or immigration regulations and cannot submit new applications. At this time, let's go, a little unwilling; stay, is there any way?

Today I will discuss with you a common rescue method:appeal.

Most domestic applicants have an opportunity to appeal after their visas are rejected. The general appeal is divided into:AAT appeal→FCC appeal→FCA appeal→HC appeal, We mainly talk about the two more common ones.

AAT appeal

The full name of AAT is Administrative Appeals Tribunal (Administrative Appeals), which is the most common appeal and generally requiresSubmit the application within 21 days of refusal.
AAT appealedThe main advantage is that the trial of the case is conducted on merits. Merits review refers to the administrative review of a case. The review agency and the visa officer act within the same legal framework.It also has the advantage that the bridge visa originally obtained during the AAT appeal is still valid, So that you can continue to stay legally in Australia. We know that a bridge visa will be automatically issued after the domestic application is submitted, and this visa has no validity period. If the application is rejected, the bridge visa will expire 35 days after the rejection. However, if the applicant files an appeal within 21 days, the bridge visa will remain valid during this period. This precious time can leave hope for many people to emigrate.

The decisions AAT can make are:

  • Maintain the results of the visa officer's trial;
  • The result of the trial by the visa officer is different;
  • Reject the result of the visa officer's trial and give a new result;
  • Return the case to the immigration office to reiterate;
If AAT wins, there is a good chance that the visa will be approved. If you lose the case, you can continue to appeal, but many people will give up due to time and financial reasons.
note,Regarding the issue of visa rejection and cancellation, even if AAT rejects the result of the Immigration Bureau, the Minister of Immigration still has the right to not accept the decision of AAT and maintain the original result.
The Minister of Immigration does not have the right to reject the outcome of the appeal of the naturalization application, but is seeking this power, and the proposal has been submitted to the Parliament.

FCC appeal

The FCC is the Federal Circuit Court of Australia (Federal Circuit Court). It is an independent court established under the Federal Circuit Court of Australia Act 1999 (formerly known as the Federal Magistrates Act) and acts in accordance with the Australian Constitution. Its jurisdiction was initially established by the Federal Magistrates (Consequential Amendments) Act 1999. On June 2000, 6, the court received its first appeal, and on July 23, the first appeals were held in Adler, Brisbane, Canberra, Melbourne, Newcastle, Parramatta and Townsville. meeting.

If you are not satisfied with the results of the AAT appeal, you can continue to appeal to the Federal Circuit Court.The court can review decisions made under the Migration Act 1958. Those who have the right to make decisions under the Migration Act includeImmigration Minister, AAT member and IAA (Immigration Assessment Authority) member, They mainly look at the facts in the application to determine whether the applicant can obtain a visa. The Federal Circuit is independent of those who make decisions. It does not judge the merits in the application, nor does it make a decision to approve or reject a visa application. It only hears whether a certain decision is correct and whether there is a "jurisdictional error", that is to sayForm instead of content.

For example, if the Immigration Department rejects a visa application, AAT confirms the rejection after appealing. Then when appealing to the Federal Circuit Court, it will only hear whether the refusal decision was made in accordance with the law, and does not care whether the visa application itself meets the conditions for being signed.

If the court finds a "judicial error", it can:
  • Call the case back to the person who made the decision, and
  • The Minister of Immigration has no right to intervene.
However, the court has no power to:
  • Facts and reasons in the re-examination of the visa application
  • Adopt new factual information (unless it is related to a judicial error committed by the person making the decision), or
  • Visa approval
As for FCA (Federal Court of Australia, Federal Court) and HC (High Court, Supreme Court), if you are not satisfied with the outcome of the appeal, you can still continue to appeal to the Supreme Court, but these procedures may take several years and a few years. A lot of money, so few people get this far because of visa rejections.

Final Thoughts

The visa rejection is certainly very depressing, but there must be a way to get to the mountain, but no matter what remedial measures are taken, we must pay attention to the time issue, because every step we take will be affected by it. To some extent, it’s up to you to stayCan you beat time. So if you encounter problems, you must contact an experienced immigration agency as soon as possible, and don't delay it to the last minute!
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