Aitken

Legal partners for life

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Level 28, 140 William Street, Melbourne Victoria 3000 Australia
Brisbane: +61 7 3544 5659 Melbourne: +61 3 8600 6000 info@aitken.com.au

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Visa Refusals & Appeals Lawyers in Melbourne

With over 100 years of trusted legal experience, we help individuals, families and businesses navigate visa refusals, appeals and complex migration matters.

Whether your visa has been refused, cancelled or you’re considering your review options, our migration lawyers provide clear advice and strategic representation to help you move forward.

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A visa refusal can be stressful, particularly when it affects your ability to remain in Australia, reunite with family, continue employment or pursue permanent residency.

At Aitken Partners, we provide practical and strategic advice to clients facing visa refusals and migration disputes. We help individuals, families and businesses understand their options, meet critical deadlines and pursue the most appropriate pathway forward.

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Administrative Review Tribunal (ART) Reviews

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Partner & Family Visa Refusals

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Skilled & Employer Sponsored Visa Refusals

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Judicial Review Applications

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Ministerial Intervention Requests

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How We Work With You

1

Initial Consultation

We begin by reviewing your refusal decision, circumstances and available options.

Clear advice on deadlines, review rights and potential pathways forward.

2

Strategic Planning

We develop a tailored strategy based on your individual goals and circumstances.

Defined steps, key timeframes and practical recommendations are provided from the outset.

3

Resolution and Outcome

We implement the agreed strategy, whether through an ART review, judicial review, ministerial intervention request or alternative migration pathway.

You receive clear communication and practical guidance throughout the process.

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We’re behind you. Every Step of the way.

Unmatched Expertise Across Industries and Sectors

Acting Quickly Can Make a Difference

Strict deadlines often apply to visa refusals and appeals. Seeking advice early can help preserve important review rights and avoid missed opportunities.

Our team provides prompt guidance so you can understand your options and make informed decisions.

Over a Century of Trusted Legal Excellence

Strategic Advice for Complex Situations

Every migration matter is different. We take the time to understand your circumstances and develop a personalised strategy aligned with your goals.

Whether the issue involves family, employment or permanent residency, we focus on practical solutions and long-term outcomes.

Over a Century of Trusted Legal Excellence

Supporting You Through the Entire Process

Migration disputes can be stressful and overwhelming, particularly when your future in Australia is uncertain.

Our role is to provide clarity, confidence and experienced representation throughout every stage of the process, helping you navigate challenges with trusted legal support.

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Frequently Asked Questions

If your visa application has been refused, it is important to seek legal advice as soon as possible. Depending on your circumstances, you may have the right to apply for a review through the Administrative Review Tribunal (ART), pursue judicial review, or consider an alternative visa pathway. Strict deadlines often apply, so acting quickly can be critical.

Many visa refusals can be reviewed through the Administrative Review Tribunal (ART). Whether you can appeal depends on the type of visa, the circumstances of the application and the rights available under migration legislation. Our team can assess your eligibility and advise on your options.

The timeframe for appealing a visa refusal varies depending on the type of decision. Some review applications must be lodged within a relatively short period after receiving the refusal notice. Missing a deadline may result in losing your review rights, making early legal advice essential.

The Administrative Review Tribunal is an independent body that reviews certain migration and visa decisions made by the Department of Home Affairs. The Tribunal can affirm the original decision, vary the decision, or send the matter back for reconsideration.

Yes, many partner visa refusals can be reviewed through the Administrative Review Tribunal. Common refusal issues include insufficient relationship evidence, concerns regarding the genuineness of the relationship, or failure to meet legislative requirements. The available options depend on the circumstances of each case.

Partner visas may be refused for a variety of reasons, including insufficient evidence of a genuine and continuing relationship, inconsistencies in information provided, character concerns, or failure to satisfy visa requirements. Understanding the reasons for refusal is an important first step in determining the best path forward.

If your partner visa is refused, you may be able to seek a review through the Administrative Review Tribunal or explore alternative migration pathways. The most appropriate option will depend on the refusal reasons and your individual circumstances.

In some situations, applicants may be able to remain in Australia while a review is being considered. This will depend on factors such as visa status, review rights, bridging visa eligibility, and the type of application involved.

Judicial review is a court process that examines whether a legal error occurred during the decision-making process. Unlike an ART review, judicial review does not reconsider the merits of the application but focuses on whether the law was correctly applied.

Our migration team can assess your review rights, explain available options, prepare submissions and supporting evidence, represent you in Tribunal proceedings and develop a strategy tailored to your circumstances.

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Book A Consult.

Fill out the form below or give us a call at +61 3 8600 6000

Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.

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