The Australian partner visa is an instant solution for de-facto partners or spouses of Australian citizens who have foreign citizenship and wish to join their partners in Australia. When lodging for your partner visa, the Department of Home Affairs will request various documents to establish if you are fit to live in Australia. Besides checking your health and criminal records, the department will also evaluate the authenticity of your relationship to ensure you intend to live together once you receive the visa.
Slight oversights could lead to visa cancellation. Luckily for you, The Australian Government allows you to appeal the department's decision. Below is an extract discussing how you can appeal your rejected partner marriage visa.
Check Your Current Visa Status
People residing inside the country will apply for the visa with the hope that it gets approved. After all, they meet the eligibility criteria. Therefore, they may fail to renew their current visa on time as they await the new visa. If this is your case, you should renew your visa since it is illegal to stay in the country without the required papers. Additionally, this could affect the review process.
Establish The Cause Of The Rejection
In some cases, the department will explain why they rejected your visa. If this is the case, you should assess whether the decision is fair. For example, it could be that you lied about your relationship status or the nature of your relationship. Besides, it could be that your sponsor does not meet the eligibility criteria. If the decision was fair, you could withhold the appeal and make a subsequent application when you meet the required criteria. On the other hand, if the decision is not fair, you are likely to win the appeal.
Consider The Services Of An Immigration Lawyer
Although you are allowed to represent yourself during the appeal, a lawyer's help will come in handy. Since the review considers all aspects of the application, the lawyer will evaluate the original application to determine if it contains weaknesses. Additionally, they will decide whether to appeal the decision in court or with the Administrative Appeals Tribunal.
Follow Due Process
You must follow due process when lodging and following up on the appeal. Failing to comply with the rules will significantly affect the tribunal's decision. For instance, you must respond to all the summons. Prepare for conferences to ensure you are not blindsided by questions. Therefore, ask your lawyer to send the statement of issues on time and prepare the relevant evidence to ensure you have the upper hand during the conference.
If you wish to appeal your partner visa, examine your current visa, establish the cause of the rejection, hire an immigration lawyer and follow due process.Share