Protection Visa Refusal Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Protection Visa Refusal Appeals

ART Appeals for Protection Visas

We represent you at the Administrative Review Tribunal (ART), preparing detailed submissions and new evidence to challenge protection visa refusal decisions.

Judicial Review & Federal Court Appeals

Our expertise extends to judicial reviews, handling appeals to the Federal Circuit Court for cases involving legal errors in tribunal decisions.

Ministerial Intervention & Reapplication

We assist with Ministerial Intervention requests and advise on eligibility for reapplication under specific circumstances, exploring all available avenues.

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

What Our Happy Clients Say

Hear directly from our successful learners.

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Understanding Your protection Visa Refusal

A protection visa can be refused if the Department is not convinced you face a genuine risk of persecution or harm, or if security or character requirements are not met. The consequences are serious, including potential immigration detention or removal from Australia.

Appealing to the Administrative Review Tribunal (ART) is a critical step, but strict time limits apply. An unsuccessful ART appeal may, in limited cases involving legal error, be reviewed by the Federal Circuit Court. Understanding these pathways and acting quickly is vital.

Why Choose Moya Migration Law for Your Protection Visa Appeal?

Facing a protection visa refusal demands experienced and empathetic legal representation. Moya Migration Law offers decades of specialised knowledge, a client-focused approach, and strategic advocacy to fight for your right to protection in Australia.

Decades of Protection Visa Experience

Led by Daniel Moya (since 2002), we have a proven track record managing intricate protection visa appeals before the ART and Federal Courts.

Client-Focused & Empathetic Approach

We understand the distressing nature of protection cases, offering personalised service, clear communication, and dedicated support throughout your appeal.

Strategic Advocacy & Robust Case Building

We develop tailored legal strategies, preparing detailed submissions and gathering strong supporting documents to build the most robust case for your protection.

Specialised Protection Law Knowledge

Our firm’s deep understanding of Australian migration law and specific protection visa criteria provides the expert guidance needed to challenge refusal decisions effectively.

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Our 5-Step Protection Visa Refusal Appeal Process

Navigating a protection visa refusal requires a meticulous and supportive approach. Moya Migration Law guides you through each critical stage with clear communication and expert advocacy, focusing on building the strongest possible case for your protection in Australia.

1

Initial Consultation & Case Assessment

We conduct a thorough review of your protection visa refusal, provide an honest appraisal of your case, and advise on the most effective appeal strategy.

2

Evidence Gathering & Submission Preparation

Our lawyers assist in gathering crucial new evidence and prepare detailed written legal submissions to directly counter the refusal reasons.

3

Timely Appeal Lodgement

We ensure your application for review is correctly prepared and lodged with the Administrative Review Tribunal (ART) within all strict time limits.

4

Expert Tribunal Representation

We provide skilled representation at your ART hearing, presenting your case clearly and advocating strongly on your behalf for a positive outcome.

5

Guiding Your Next Steps to Safety

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

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Protection Visa Appeal Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally manages each client’s protection visa refusal case. With dedicated experience in Australian migration law since 2002, Daniel brings extensive knowledge and a client-first approach to these critical and sensitive matters.

Daniel is committed to providing clear, plain-English advice and practical solutions for your appeal. He understands the profound impact of these cases and offers dedicated, empathetic support, including assistance in Spanish, to help secure your future in Australia.

Frequently Asked Questions About Protection Visa Refusal and Appeals

What happens if my protection visa is refused?

A visa refusal means you cannot obtain the visa you applied for, and if you do not successfully appeal the decision, you may be required to leave Australia and return to your home country. This visa decision can have a significant impact on your future immigration options and ability to stay in Australia. It is crucial to seek legal advice promptly to understand the consequences and your available pathways.

Can I appeal a protection visa refusal decision?

Yes, if you applied for the protection visa while in Australia, you generally have the right to appeal the decision by applying for a merits review at the Administrative Review Tribunal (ART). Strict time limits apply for lodging an application for review, so it is essential to act quickly after being notified of the decision to refuse your visa. An experienced migration lawyer can help ensure you meet these critical deadlines.

What is the role of the Administrative Review Tribunal in protection visa appeals?

The Administrative Review Tribunal (ART) is an independent body that conducts a merits review of your protection visa refusal. This means the ART will re-examine your entire refugee application, including any new supporting documents, to determine if the Department of Home Affairs made the correct and preferable decision. The tribunal has the power to either agree with the refusal (affirm) or send the case back to the Department for reconsideration (remit).

Can I apply for judicial review after an ART decision?

Yes, if the Administrative Review Tribunal (ART) affirms the refusal of your visa, you may be able to apply for a judicial review at the Federal Circuit Court. This type of appeal is not a re-examination of the facts of your case but is limited to determining if the tribunal made a legal error in its decision-making process. Seeking legal assistance is highly recommended as this is a complex legal area with strict time limits.

What is a Ministerial intervention and when can I request it?

Ministerial intervention is a final option where you can ask the Minister for Home Affairs to personally consider your case after you have exhausted your appeal rights at the tribunal. This power is discretionary and is only used in a small number of cases with unique or exceptional circumstances that fall outside the standard visa criteria. It is considered a last resort in the immigration process.

Can I reapply for a protection visa after refusal?

Generally, reapplying is restricted by the Section 48 bar if you do not hold a substantive visa after the refusal (e.g., you are on a bridging visa). If the bar applies, you cannot lodge another protection visa application in Australia. However, under Section 48B of the Migration Act 1958 (Cth), the Minister may allow a new application if it includes new protection claims that could not have been presented earlier. This discretionary power is only used in very limited circumstances.

Will a protection visa refusal affect my family members included in the application?

Yes, if the main applicant’s protection visa is refused, the refusal decision will also apply to any family members who were included in that same application. The outcome of the visa application directly impacts every person listed on it.

Do I have work rights while my protection visa application or appeal is pending?

Generally, work rights are attached to a protection visa application, allowing you to work in Australia while you await a decision or during an appeal. These rights are typically associated with the bridging visa granted after you lodge your application. However, your eligibility and any specific conditions can vary depending on your individual circumstances and visa history.

What happens if I cannot return to my home country after an unsuccessful appeal?

If your appeal is unsuccessful and you cannot return to your home country for valid reasons, you may be subject to immigration detention in Australia until your status can be resolved. This is a serious situation, and it is critical to seek immediate legal advice from an experienced migration lawyer to explore any remaining options.

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.