- Office@tgiflegal.com.au
- Suite 4B, Level 4, 428 George St, Dymocks Building, Sydney NSW 2000
Merits Review & Judicial Appeals
A visa refusal or cancellation is a significant legal setback, but it is rarely the final recourse. TGIF Legal provides high-level advocacy for those seeking to challenge Departmental decisions. Our approach is analytical and strategic, identifying errors in the Department’s reasoning and presenting a robust case to the relevant Tribunal or Court to secure a favorable outcome.
Legislative Framework
Appeals are primarily governed by Part 5 of the Migration Act 1958. We operate within the jurisdiction of the Administrative Review Tribunal (ART) for merits reviews—where the Tribunal stands in the shoes of the original decision-maker—and the Federal Courts for judicial reviews, where we identify jurisdictional errors in the application of the law.
Strategic Breakdown
- Administrative Review Tribunal (ART): A “de novo” review process where we present new evidence and arguments to have a refusal set aside or remitted for reconsideration.
- Judicial Review: High-court level litigation focused on whether the Department followed the correct legal process rather than the merits of the case itself.
- Character Cancellations (Section 501): Specialized representation for individuals facing visa cancellation on character grounds, involving complex submissions regarding ties to the Australian community and international obligations.
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