Criminal Defense, Immigration and Family Law Firm Australia
Judicial Reviews Lawyers In Australia
The majority of individuals believe that the only choice following a visa rejection is to leave Australia; however, the majority of people are unaware of their rights and the options that are available to them to make things right, including Judicial Review In case of a mistake has been done By court For review your case related to the visa application
Give Our Law Firm Legalsy a call or send them an email and ask for a Judicial review if you have received a Denial from the court regarding your application. It is your only and last hope so, make sure you did make the right decision. Selecting Our Law Firm Legalsy is surely the right one indeed.
These experienced specialists understand the “ins and outs” of the procedure and how to present your case in the best light, both of which may be very helpful for your appeal. In most cases, submitting a review application is your last and best chance to provide the necessary justifications for why you should be granted a visa or, in the case of visa cancellation, why the Department made a mistake in revoking your visa (note that, if the AAT review results in a negative finding, there may be additional channels for appeal), such as judicial review although this would only be the case in extreme instances). It is thus critical that you make the most of this chance and weigh the potential benefits and/or consequences of hiring an immigration appeal migration agent against drafting your application and representing yourself in the review.
Appointing A Representative For Your Appeal
You can appoint anybody to act as your representative for your appeal (for example, a family member or your sponsor), but only a registered migration agency can give immigration aid. A person offers ‘immigration aid’ under the Migration Act of 1958 if they utilize their expertise or experience in the migration process to help an application in preparing for a review and/or to represent the applicant in their case.
Visa Appeal Agent
All migration agents must register with the Migration Agents Registration Authority. When performing their duties as migration agents, they must also abide by a Code of Conduct.
You must finish and submit a few forms to the AAT, signed by you and your visa appeal agency representative, for the Tribunal to be informed of your appointment. The contact details for your representative are also included on this form, and these will be used in any correspondence regarding your review application. It is also very important to remember that you must give written notice to the AAT if you replace your representative or take away their power to act on your behalf.
How Can A Migration Agent Assist You With Your Appeal?
A qualified consultant in Australian immigration law known as a migration agent will employ their expertise, skill, and experience to ensure that your appeal is thoroughly thought out, prepared, and backed up by pertinent information so you can present a compelling argument to the court for Judicial Review. A wise migration agent will consult several sources, some of which are not publicly available when compiling your paperwork and assembling your application (one example being Departmental policy, which sets out how Immigration interprets and applies the migration law in deciding visa applications).
You can get help with your appeal using one of the following strategies from an immigration appeal migration agent:
- Analyse your circumstance and offer suggestions on your options if you wish to appeal.
- Advise on issues with your visa status and other possible visa choices, if you have access to them. We’ll discuss significant concerns with the review-related subjects, such as:
- Your visa status in Australia if you apply for the review
- Your responsibilities and rights If your application is denied, you may submit further appeals even while you wait for the result (for instance, employment and travel privileges).
Let them know the requirements for applicants, the charges involved, the review procedures, and the deadline for submitting your review application. Keep in mind that when evaluating your case, the AAT is required to adhere to the requirements outlined in the migration regulations. All facets of the appeals procedure are subject to these stringent rules.
The Tribunal will be unable to exempt you if you disregard these instructions. You must understand these concepts and use them appropriately for your situation.
Create compelling written reasons to submit with your review application for the Tribunal Member to decide your case without a hearing. You must submit written comments outlining your points of view as part of the appeal process because it offers you the chance to explain why you believe the Department erred in making its decision.
Obtain recommendations for favorable expert reports to add to the supporting documentation you must include with your review application.
communicate with the AAT, ask for access to documents related to your application, and go with you if your case calls for a Tribunal hearing.
Judicial Reviews
Only when a “jurisdictional mistake” has been made may the Court reconsider a decision. This implies that the Court evaluates whether the judgment was taken legally, including by adhering to the proper legal procedures and implementing the law appropriately. The Court is not influenced by those who make decisions. The merits of your application and whether or not you ought to be granted a visa are not anything the Court takes into account.
If the Court errs in a jurisdiction, it may:
- return to the decision-maker with your case
- impede the Minister from putting the decision into action.
The Court is unable to
- Examine the details and justifications for your visa application.
- consider fresh factual data (unless when it bears on the issue of whether the decision maker committed a jurisdictional mistake), or
- you a visa, please.
Who Can Apply for Judicial Reviews?
If you feel that a jurisdictional error has been made and you are not content with the result, you may petition the Court. A legal consultation is recommended before applying.
Confidentiality;
Hearings in court are often open to the public. Occasionally, a closed hearing may be mandated. The Court is not permitted to reveal your identity if your case includes a ruling about a protection visa.
Time Duration:
Within 35 days you can apply for a review of your Migration application.