Visa Appeals and Complex Migration
Immigration matters can be intricate, and every client’s situation is unique.
Trusted Advice for High-Risk and Complex Cases
With over 35 years of experience, Interstaff helps employers and individuals navigate complex migration matters with confidence.
Our experienced team of Registered Migration Agents provide advice on complex migration matters such as visa refusals, visa cancellations, and review options, such as Administrative Review Tribunal (ART) and Ministerial Intervention requests.
Our agents carefully assess each case, develop a tailored migration strategy, and prepare strong submissions.
Beyond appeals, we assist with intricate migration scenarios such as character concerns, health waivers, sponsorship issues, and employer compliance obligations.
Refusals and Visa Cancellation Australia
After receiving a visa refusal or cancellation, swift action within the strict deadlines outlined on the Department’s notice is essential.
Missing these deadlines to request a review of the Department’s decision by the Administrative Review Tribunal (ART) can result in being required to leave Australia.
Interstaff evaluates cases to advise if sufficient evidence can be provided to pursue a review with the ART or apply for a new visa.
Enquire with Interstaff to understand how you should proceed.
ART Visa Refusal
Below is an overview of the process to review a visa decision with the Australian Administrative Review Tribunal (ART) and how Interstaff supports applicants throughout the process.
STEP 1
Submit a Review application
Interstaff advise of a strategy for the review and prepare and lodge the application with the ART.
STEP 2
ART Review
The ART examines the original application against migration legislation and may request additional information.
Interstaff provides specialist advice and prepares submissions on your behalf.
STEP 3
Decision or Hearing
The ART will either decide on the application or invite the applicant to a hearing.
If a hearing is required, Interstaff supports the applicant in preparing their case.
STEP 4
Outcome
The ART may:
- Affirm the original visa decision.
- Change the decision.
- Return the case to the Department of Home Affairs with specific directions.
STEP 5
Further Options (if unsuccessful):
- Ministerial Intervention: Request for review by the Minister available in exceptional circumstances. Interstaff assist as required.
- Federal Court Appeal: Available only if the ART made a legal error.
Requests for Ministerial Intervention
Ministerial Intervention is a process available after an application has been reviewed by the ART. It allows the Immigration Minister to grant a visa if it is in the public interest.
Ministerial Intervention is considered in exceptional or compelling circumstances, such as:
- Significant hardship to the applicant or their employer if the visa is not granted.
- Unique skills or contributions that benefit Australia.
- Strong ties to Australia (such as employment, community and family).
Ministerial Intervention is discretionary and rare – although Interstaff have pursued these in the past with success.
Impact
- Employers and individuals may face uncertainty as applications can take significant time and resources/costs.
- Ministerial Intervention provides a last resort option and if declined, the applicant must depart Australia.
Interstaff assists by preparing strong, evidence-based requests for Ministerial Intervention.
Contact Interstaff for assistance with a Ministerial Intervention request.
Complex Migration Matters
Navigating visa refusals, cancellations, or complex migration matters can be daunting. Interstaff assists by providing:
Clear, Realistic Assessments:
Advice on available options and the likelihood of success in pursuing review applications.
Strategic
Guidance:
Responding to Department requests and preparing applications for review with the Administrative Review Tribunal.
Evidence-based Submissions:
Assistance in presenting strong, well-documented cases within required deadlines.
Compliance Support:
Ongoing advice to help applicants understand obligations and minimise workforce disruptions.
In addition to visa appeals, our team provides expert advice on a wide range of complex migration matters.
These often require careful navigation and a strong understanding of immigration law.
We assist with:
- Sponsorship Monitoring, including addressing Notices of Intention to Take Action
- Adverse Information allegations
- Section 501 – Character matters
- PIC 4020 – Allegations of false and misleading information or bogus documents
- Health Waivers
- Employer sanctions and investigations