Appealing Australian Citizenship Decisions

Applications for citizenship which have been denied can be appealed. Before reading any further, it is important to note that there is a deadline stated in your decision letter before which you must submit your appeal. This date is usually within 28 days of the date of the decision letter. If you are nearing this deadline, please contact us immediately to arrange a consultation.

Appeals of citizenship decisions are heard by the Administrative Appeals Tribunal (‘the AAT’). The AAT hears your case to determine whether the Department of Home Affairs has made an error in their decision. It is hence important to know the grounds of your appeal and be able to articulate it clearly before lodging an appeal.

Lodging the appeal does nothing to change the citizenship decision. It remains in place for the duration of the appeal. The appeal process itself may take a long amount of time – in our experience, this may be up to 6 to 9 months. It is important to ensure you have adequate visa provision to remain in Australia throughout this time.

After lodging the appeal, you will receive what is known as ‘T Documents’. These refer to the relevant documents used by the Department in making the decision to refuse your visa, including your decision. There may also be conferences for you to attend to discuss some of the issues raised in review. The hearing may occur by both video and telephone conference, as well as in-person.

From this review, there can be 3 outcomes. First, the AAT may ‘affirm’ the Department’s decision. This means that they agree your citizenship application should be refused and your decision will not be changed. Second, the AAT may vary the decision. This means that your decision will be changed in some way. The third outcome is to ‘set aside’ your decision. If the AAT sets aside your decision, it means that they overturn the Department’s decision and you would likely be granted your citizenship. Alternatively, the AAT may also set aside your decision and remit it back to the Department for them to make a new decision.

At Straits Lawyers, we have the expertise to assist you with your citizenship appeal. We can advise you on how strong the grounds for review are in your case and assist you in preparing an appeal. If you would like to discuss this further, or simply email us at info@straitslawyers.com or call at (08) 8410 9069 to arrange an appointment.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.

Applications for citizenship which have been denied can be appealed. Before reading any further, it is important to note that there is a deadline stated in your decision letter before which you must submit your appeal. This date is usually within 28 days of the date of the decision letter. If you are nearing this deadline, please contact us immediately to arrange a consultation.

Appeals of citizenship decisions are heard by the Administrative Appeals Tribunal (‘the AAT’). The AAT hears your case to determine whether the Department of Home Affairs has made an error in their decision. It is hence important to know the grounds of your appeal and be able to articulate it clearly before lodging an appeal.

Lodging the appeal does nothing to change the citizenship decision. It remains in place for the duration of the appeal. The appeal process itself may take a long amount of time – in our experience, this may be up to 6 to 9 months. It is important to ensure you have adequate visa provision to remain in Australia throughout this time.

After lodging the appeal, you will receive what is known as ‘T Documents’. These refer to the relevant documents used by the Department in making the decision to refuse your visa, including your decision. There may also be conferences for you to attend to discuss some of the issues raised in review. The hearing may occur by both video and telephone conference, as well as in-person.

From this review, there can be 3 outcomes. First, the AAT may ‘affirm’ the Department’s decision. This means that they agree your citizenship application should be refused and your decision will not be changed. Second, the AAT may vary the decision. This means that your decision will be changed in some way. The third outcome is to ‘set aside’ your decision. If the AAT sets aside your decision, it means that they overturn the Department’s decision and you would likely be granted your citizenship. Alternatively, the AAT may also set aside your decision and remit it back to the Department for them to make a new decision.

At Straits Lawyers, we have the expertise to assist you with your citizenship appeal. We can advise you on how strong the grounds for review are in your case and assist you in preparing an appeal. If you would like to discuss this further, or simply email us at info@straitslawyers.com or call at (08) 8410 9069 to arrange an appointment.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.