Business & Working Visa Refusal Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Expertise in Business Visa & Working Visa Appeals

Visa Refusal Analysis & Strategy

We thoroughly assess your business or working visa refusal, advising on appeal prospects and developing a tailored strategy for the ART.

Evidence Preparation & Submissions

Our team assists in gathering strong supporting evidence and drafts detailed submissions to address specific refusal reasons for your visa type.

ART & Court Appeal Representation

We offer expert legal representation in appeals to the Administrative Review Tribunal (ART) and, if applicable, for judicial reviews in Federal Courts.

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We encourage a free 15-minute call to discuss your situation & map out a path to successfully appealing your Business Visa & Working Visa Refusal.

What Our Happy Clients Say

Hear directly from our successful learners.

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Understanding Your Business & Working Visa Refusal

Business or working visa refusals often stem from unmet assets thresholds, incorrect points scores, issues with nominated occupations, or failed labour market testing. Understanding these specific grounds is crucial for any appeal.

Challenging a refusal typically involves an appeal to the Administrative Review Tribunal (ART) for a merits review, where new evidence can be considered. Strict time limits apply for lodging such appeals, making prompt expert advice essential to navigate the process effectively.

Why Choose Moya Migration Law for Your Business or Work Visa Appeal?

A visa refusal can significantly impact your professional or business aspirations in Australia. Moya Migration Law offers decades of dedicated experience, a client-focused approach, and proven success in complex visa appeals to robustly challenge your refusal.

Decades of Immigration Law Experience

Led by a Principal Lawyer practicing since 2002, we have extensive experience navigating the complexities of the Migration Act and visa refusal appeals.

Client-Focused & Personalised Strategy

We provide clear, plain-English advice, understand your unique circumstances, and build the strongest possible case tailored to your specific visa refusal.

Proven Success in Complex Visa Appeals

Our firm has a proven track record successfully representing clients in intricate appeals before the ART and Federal Court of Australia.

Expert Tribunal & Court Representation

We offer skilled representation, handling high-stakes visa appeals with dedication to achieve a successful outcome for your business or work visa.

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15-Min Consultation

Our 5-Step Protection Visa Business & Working Appeal Process

Challenging a business or working visa refusal requires a meticulous, strategic approach. Moya Migration Law guides you through each stage with expert advice and dedicated representation, focused on building a robust case to achieve your professional goals in Australia.

1

Initial Consultation & Case Assessment

We review your visa refusal notice, assess the specific reasons, and provide an honest evaluation of your case and appeal options.

2

Strategic Appeal Preparation

Our lawyers gather all necessary evidence and prepare comprehensive written submissions tailored to address your specific visa refusal grounds.

3

Timely Lodgement with Tribunal/Court

We ensure your appeal application is lodged correctly with the ART or relevant body, meeting all strict deadlines and requirements.

4

Expert Representation at Hearing

We provide skilled representation during the appeal hearing, advocating effectively on your behalf and addressing all issues raised.

5

Guiding Your Next Steps to Visa Success

Following a successful outcome, we guide you through finalising your visa. Should further advocacy be needed, we clearly advise on all available legal pathways to achieve your goal.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Visa Appeal Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally manages each client’s case. With over two decades in Australian migration law since 2002, Daniel offers expert guidance for complex business and working visa refusal appeals.

Daniel provides clear, plain-English legal advice and a personalised strategy for your appeal. His extensive experience includes intricate cases before the Administrative Review Tribunal (ART) and Federal Courts. Daniel also offers legal advice in Spanish.

Frequently Asked Questions About Business Visa Refusals

What should I do if my Business or Working visa is refused?

If your business or work visa application is refused, you should seek immediate legal advice from an experienced migration lawyer. An immigration lawyer can review the refusal reasons provided by the Department of Home Affairs and advise you on the best steps to take. This may include lodging a refusal appeal with the relevant tribunal.

Can I apply for another Business or Working visa after a refusal?

In some circumstances, you may be able to apply for another visa after a refusal, but this depends on your individual situation. Factors such as whether you are in Australia or offshore and whether any visa bars apply will determine your eligibility. It is important to get professional immigration advice to understand your options for future visa applications.

What are some of the common reasons for a visa refusal?

Common reasons for a visa refusal include failing to meet the specific visa requirements, not providing complete or accurate information, or not providing sufficient evidence to support your claims. A visa application may also be refused if you do not meet the health or character requirements. Understanding the specific refusal reasons is the first step in the appeal process.

Can I appeal my visa refusal?

Yes, in most cases, you have the right to appeal a visa refusal decision. Your visa refusal letter will state if you have “Review Rights” and specify the tribunal you can appeal to. It is crucial to act on this right to appeal promptly, as strict time limits apply.

Where can I appeal my visa refusal?

Most visa refusal appeals are lodged with the Administrative Review Tribunal (ART), which conducts a merits review of the decision. In certain cases, such as those involving a legal error or a personal decision by the Minister for Immigration, an appeal may be made to the Federal Court of Australia. An experienced lawyer can help determine the correct appeal pathway for your immigration matter.

How many days do I have to file my appeal with the ART?

The time limit to lodge an appeal with the Administrative Review Tribunal (ART) can vary, but it is often 21 days from the date you are notified of the visa refusal decision. These time limits are strictly enforced and cannot be extended, so it is vital to seek legal advice and lodge your appeal quickly.

What is a Merits Review at the Tribunal?

A merits review at the Administrative Review Tribunal (ART) is a process where the Tribunal takes a fresh look at your visa application and the Department’s decision. The Tribunal Member will consider all the facts and evidence, including new information, to determine if the original decision to refuse the visa was the correct one. This process is effectively a second chance for your visa application to be approved.

Do I get a refund if I receive a visa refusal decision?

No, the visa application charge paid to the Department of Home Affairs is not refunded if your visa application is refused.

What happens if my visa refusal appeal is successful at the ART?

If your appeal is successful at the Administrative Review Tribunal (ART), the decision is sent back to the Department of Home Affairs with a direction to grant your visa. If the appeal is unsuccessful, you may have very limited options to appeal to the Federal Court, but this is typically only possible if there has been a legal error in the Tribunal’s decision-making process.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.