Protection Visa Refusal
Each protection visa refusal is different. First of all, you should carefully read your refusal letter.
And you should pay particular attention to the following information in the protection visa refusal letter:
- if you have the right to appeal
- a timeframe to lodge an appeal
- the appeal body you should make the appeal to
Onshore protection visa appeals are, in most cases, directed to the Administrative Appeals Tribunal (AAT).
Bear in mind that the deadline for a protection visa appeal is very strict. It can’t be extended.
So, appealing your protection visa refusal is your last resort and you should be well prepared for it.
Protection Visa Refusal – The AAT Hearing…
The hearing will be conducted at an AAT hearing room in your nearest state capital or online via video conference.
The AAT will contact you to inform the location, date and time.
You may request to have an interpreter in your hearing.
The AAT hearing is your chance to try and prove that the DHA refusal decision was not fair.
But how do you do this?
You can’t just say what you have already said to the Department of Home Affairs.
You need more evidence. Better still, you need a proper strategy…
Protection 866 Visa Refusal – Building a robust strategy to win your appeal at the AAT
To begin with, you need to find the reason why the Department of Home Affairs refused your protection visa application.
For that, you need to read the decision letter carefully.
Then you need to prepare a submission with all your arguments regarding why you think the DHA missed out on something and your protection visa application should not be refused.
Meanwhile, all legal criteria must be met.
It’s highly recommended that you seek legal advice when preparing your protection visa refusal appeal.
One of the most important things to consider, when looking at different migration lawyers to help you, is the level of experience that these individuals have in protection visa refusal.
As with doctors, no one wants to trust their important matters to someone that does not have the experience necessary to handle their specific issues.
For example, you wouldn’t treat yourself with a General Practitioner if you had a serious heart problem. You would go to a cardiologist. Even better, to the best cardiologist you could find.
This is especially true when it comes to protection visa refusal. The more experience that a lawyer has in AAT matters, the better he will be able to circumvent problems and build a winning strategy.
Don’t commit the mistake of assigning any migration agent or lawyer to handle your protection visa refusal. It will fail miserably.
Remember, this is your last resort. You must go above and beyond to salvage your protection visa application.
Gold Migration lawyers have 12+ years of experience in protection visa refusals and an excellent success rate representing clients at the AAT.
Our lawyers are very technical and hold a professional background that would cause envy in any protection visa lawyer in Australia…
Ramtin Diznab , Gold Migration Principal Lawyer, has been admitted to the Supreme Court of Victoria and the High Court of Australia and has jurisdiction to appear in all Federal Courts of Australia.
He has also given an interview to Authority Magazine as a top protection visa lawyer, a magazine that has interviewed celebrities such as Snoop Dogg, Paris Hilton, Shaquille O’Neal, Seth Godin and other superstars.
Our lawyers are usually commended by the AAT regarding the quality of our submissions.
This is what a migration officer said during a hearing when he saw a submission from Gold Migration:
“I’ve never said this to anyone, but this is the most detailed Protection Visa Submission I have ever seen.”
Needless to say, we have overturned many protection visa refusals. And our clients are very satisfied with that.
If you don’t know how to prepare a winning strategy to successfully appeal your protection visa refusal, give us a call or click here to send us a message as soon as possible.
Gold Migration will study your refusal letter carefully.
Then we will find the best strategy to go about it.
We will prepare a legal submission summarising your claims as well as providing arguments regarding why we think the DHA decision to refuse your visa application was not right. Of course, all considering the relevant applicable laws.
We will also prepare a thorough country research regarding your claims to be included in the submission.
Importantly, we will prepare you for the AAT hearing. For that, we will organise a few mock-up hearings in our office.
We will also prepare you psychologically, so you know exactly what to answer during the AAT hearing.
Before the hearing is concluded, our lawyers will also make oral submissions on your behalf.
Then after the hearing, the AAT will decide to either “remit” or “affirm” the decision taken by the Department of Home Affairs (DHA).
If the AAT affirms, it means that they agree that your protection visa application should have been refused.
In this case, your last resort is to appeal to the Federal Circuit Court.
But that’s an option only if you believe there is a legal error with the decision taken by the AAT.
On the other hand, if the decision is “remitted”, it means that the AAT does not agree with the Department of Home Affairs. And they think your protection visa application should not have been refused.
If that happens, they will forward your case back to the Department of Home Affairs for further assessment and your protection visa is likely to be approved.
If you want us to help you with your protection visa refusal, fill in the form below…
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