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Review on rejected immigration appeals

There is a review on rejected appeals made by the Department of Home Affairs since 2016.

Ministerial intervention guidelines were published in 2016. They are being revised as a result of a high court decision which question the legality of rejected appeals the department has made since 2016. This could potentially affect hundreds of visa cases handled by the Department of Home Affairs.

What Happened?

  • The decision involved two cases where the request to have the minister for immigration personally intervene their cases and grant them permanent visas were rejected by the Department of Home Affairs on the basis that their cases did not meet the criteria for a referral to the minister.
  • Both cases involved situations where a departmental officer decided that their circumstances were not unique or exceptional and rejected their cases.
  • This was deemed unlawful as this power was exercised by a departmental officer, not the minister personally, which was the requirement.

What will happen to my rejected appeal?

Consequently, the immigration minister will now have to review the current guidelines and decisions made using the old guidelines since 2016.

Have you had a rejected visa application since 2016?

We are here to help you. Our Lawyer, Peter Antippa, is a highly skilled and experienced immigration lawyer. Peter can assist you by reviewing unsuccessful applications for ministerial intervention.

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