VISA APPEALS
WE GET IT
Our experience and advice will give you a fighting chance .
Award-Winning
Law Firm
We have won several client service excellence and leading law firm awards every year up to and including 2023.
Proven Track
Record
20+ Years of Combined Experience in visa appeals at the AAT and FCC means a successful outcome is on the table.
5 Star Reviews
Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.
Book a
Consultation Today
If your case is important to you it’s important to us. Call Jameson Law and join the winning side today.
A migration decision being made against you can be daunting. Whether your visa application has been refused or a visa cancelled, it can be difficult to know whether you have any options available. Luckily, there are some options of recourse where a visa decision results in a visa being refused or cancelled.
Below, we explore the process of appealing a visa refusal or visa cancellation decision made under the Australian Migration Act 1958, and answer some of your frequent questions about the process.
How do I appeal a visa decision?
It is important to seek legal advice that is relevant to your circumstances as soon as possible, as strict time limits apply to any visa and migration appeals (often, 28 days) and this may affect your ability to remain in Australia.
Administrative Appeals Tribunal (AAT)
In Australia, visa appeals arising from visa refusals and visa cancellations (as well as other migration decisions, but not including protection visas) are heard in the Administrative Appeals Tribunal. An example of an appealable decision might be where the Department of Home Affairs has refused your visa on character grounds.
In this case, you will want to show any relevant material related to your character, which would show that your character was not such as to warrant the Minister deciding to refuse or cancel your visa on that basis.
A hearing before the AAT will review a decision by the Minister of the Department of Home Affairs, and determine whether the visa refusal or cancellation was the correct decision under immigration law (in Australia, under the Migration Act 1958 (Cth)).
What will the AAT Do?
The AAT, after considering your matter and the decision to cancel or refuse your visa, will either confirm the decision of the Department, or determine that the decision was incorrect, and refer the matter back to the Department so that the decision can be remade.
If the AAT decides that the decision was incorrect, the Department will generally either remake the decision by granting the visa, or revoking the visa cancellation.
What if my appeal is not successful?
If an appeal to the AAT is unsuccessful, there are generally two options available:
- Lodge an application to the Minister for immigration for ministerial intervention (i.e. ask the Minister to exercise discretion and grant the visa or revoke the visa cancellation); or
- Lodge a further appeal application with the Federal Court of Australia. Again, time limits apply for migration and refugee appeals in the Federal Court.
Note that these avenues are only available in limited circumstances and it is vital to speak to a migration lawyer as soon as possible.
For example, appealing a decision of the AAT to the Federal Court requires you to show that the AAT made a legal mistake in the way that they reviewed the decision of the Minister. This is often difficult to establish and in these circumstances, it is vital to have sound legal advice from an expert migration lawyer. Often, these proceedings will involve experienced barristers.
How long does a visa appeal take in Australia?
Appealing a visa refusal or cancellation with the AAT can take time. Often, wait times for a hearing and the process of reviewing a visa refusal in the AAT can exceed twelve months. If you wish to further appeal such a decision to the Federal Court, this can add even further significant periods of time.
If your circumstances warrant however, the AAT is able to treat your matter with priority – such as if you are in immigration detention, can demonstrate serious financial difficulty or medical condition, or if the decision has resulted in the separation of a parent and child due to medical negligence.
The above is general legal information and should not be considered legal advice. You should contact our law firm for legal advice tailored to your specific legal matter. The courts of New South Wales deal with matters on a case-by-case basis. It should also be noted that there may currently be court delays due to COVID-19 and alternative arrangements made for legal process and proceedings.
Professional assistance with AAT appeal
| Hourly rates |
| $275.00 (including GST) $250.00 (including GST) per hour for any additional time |
Estimated professional fees
$2,000.00 – $6,000.00 +
(depending on time and work required)
Consultation booking & Fixed fee quote
Fixed professional fee quote and payment schedule will be provided to you after our initial consultation and assessment
Recent Cases
FAQs
Frequently Asked Questions.
Most appeals under the Migration Act in the AAT attract a fee of $3,000*, which can be reduced by half in the event your appeal is successful, or if you can show serious financial hardship. Refer to the Administrative Appeal Tribunal website for latest pricing.
There are significant wait times in the AAT, with decisions often taking twelve to eighteen months to be reviewed.
An appeal to review in the AAT must generally be made within 28 days of visa decisions.
Most kinds of Australian migration or visa decisions can be appealed (such as where an unfavourable visa decision was made on character grounds), but not in relation to protection visa, or if your visa was mandatorily cancelled.
WE'RE IN IT TO WIN IT
Book your consultation
- This form submission is encrypted and secured to ensure your information remains confidential.
This form submission is encrypted and secured to ensure your information remains confidential.
OUR SYDNEY OFFICES
Parramatta CBD - Head Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Suite 301, 67-69 Philip St Parramatta NSW 2150
Sydney CBD - Practice Office
- 02-8806-0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Tower One Barangaroo International Towers Level 35, 100 Barangaroo Ave Sydney NSW 2000
Blacktown CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Level 3 81 Flushcombe Road, Blacktown NSW 2148
(By Appointment Only)
Liverpool CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- Level 2, 215-219 George Street, Liverpool NSW 2170
(By Appointment Only)
Bankstown CBD - Practice Office
- (02) 8806 0866
- 0488 817 882
- 02 9052 0840
- info@jamesonlaw.com.au
- 23 Restwell Street, Bankstown NSW 2200
(By Appointment Only)
COURT HOUSES WE FREQUENT
Local Courts
Balmain Local Court
- 1300 679 272
- local-court-burwood@justice.nsw.gov.au
- 368 Darling Street, Balmain NSW 2041
Registry: Monday to Friday, 9:00am to 4:30pm
Bankstown Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Court Operating Hours: 9:30am-4:30pm
Blacktown Local Court
- 1300 679 272
- (02) 9672 2666
- PO Box 217 BLACKTOWN NSW 2148
- local-court-blacktown@justice.nsw.gov.au
- 1 Kildare Road Blacktown NSW 2148
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 -4:30
Days open: Mon-Fri
Burwood Local Court
- 1300 679 272
- (02) 9744 4144
- PO Box 235 BURWOOD NSW 1805
- local-court-burwood@justice.nsw.gov.au
- 7-9 Belmore Street BURWOOD NSW 2134
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Campbell Local Court
- 1300 679 272
- (02) 9821 7888
- PO Box 3435 LIVERPOOL WESTFIELDS NSW 2170
- local-court-campbelltown@justice.nsw.gov.au
- 150 George Street LIVERPOOL NSW 2170
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Central Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Market and Church Streets WOLLONGONG NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Downing Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- dclc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
- Nearest Train Station: Museum Station (Liverpool Street entrance is directly opposite)
- Levels: Local Court matters are heard on levels 4 and 5.
- Public Transport: Well-served by buses and trains, with easy access to nearby bus stops and Museum Station.
- Parking: Limited street parking is available, and there are several public parking garages nearby.
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Market and Church Streets WOLLONGONG NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Fairfield Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 5395 WOLLONGONG NSW 2500
- local-court-wollongong@justice.nsw.gov.au
- Cnr Spencer St & Court Rd, Fairfield NSW 2165
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Hornsby Local Court
- 1300 679 272
- (02) 9847 9955
- PO Box 96 HORNSBY NSW 1630
- local-court-hornsby@justice.nsw.gov.au
- 294 Peats Ferry Rd HORNSBY NSW 2077
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Liverpool Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Manly Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Newtown Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Parramatta Local Court
- 1300 679 272
- (02) 4223 3633
- PO Box 92 Parramatta NSW 2150, Australia
- local-court-parramatta@justice.nsw.gov.au
- 12 George Street Parramatta NSW 2150, Australia
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Penrith Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Sutherland Local Court
- 1300 679 272
- PO Box 37, Sutherland 2232
- local-court-sutherland@justice.nsw.gov.au
- Cnr Flora and Belmont Street, Sutherland NSW 2232
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Waverley Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Windsor Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
District Courts
Downing Centre District Court
- 1300 679 272
- PO Box 71 BANKSTOWN NSW 2200
- downingcentredc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Parramatta District Court
- (02) 8688 7777
- local-court-bankstown@justice.nsw.gov.au
- 12 George Street, Parramatta NSW 2150
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Penrith District Court
- 1300 679 272
- local-court-penrith@justice.nsw.gov.au
- 64-72 Henry Street, Penrith NSW 2750
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Campbelltown District Court
- 1300 679 272
- local-court-campbelltown@justice.nsw.gov.au
- Railway Street, Campbelltown NSW 2560
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Liverpool District Court
- 1300 679 272
- local-court-liverpool@justice.nsw.gov.au
- 150 George Street, Liverpool NSW 2170
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Wollongong District Court
- 1300 679 272
- local-court-wollongong@justice.nsw.gov.au
- 97-99 Market Street, Wollongong NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Supreme Courts
Supreme Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Federal Court
Federal Circuit and Family Court of Australia
- 1300 352 000
- (02) 9230 8000
- GPO Box 9991, Sydney NSW
- enquiries@fcfcoa.gov.au
- Lionel Bowen, Building, 97/99 Goulburn St, Sydney NSW 2001
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday
Federal Court
- 1300 720 980
- (02) 9230 8020
- GPO Box 9991, Sydney NSW
- enquiries@fedcourt.gov.au
- 97-99 Goulburn St in the heart of the Sydney CBD
Monday to Friday, 8:30 AM – 4:30 PM
High Court
- (02) 6270 6811
- (02) 6270 6868
- Parkes Place, Canberra ACT 2600
- enquiries@hcourt.gov.au
- Parkes Place, Canberra ACT 2600
Monday to Friday, 8:30 AM – 5:00 PM
Specialised Courts
Children’s Court of New South Wales
- 1300 679 272
- (02) 9722 6060
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
- PO Box 71 BANKSTOWN NSW 2200
- sc.enquiries@justice.nsw.gov.au
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Coroner’s Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Industrial Relations Commission of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Land and Environment Court of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
