We provide comprehensive legal services, guiding individuals and families through every step of the process with sensitivity and expertise. We provide clear, comprehensive estate planning services to help you take control of your future. Whether you're preparing a will, appointing someone to manage your affairs, or ensuring personal and medical decisions are in trusted hands, we’ll guide you every step of the way.
CORPORATE IMMIGRATION
We work with multinationals and ASX listed companies through to small businesses and start-ups to provide commercially-minded migration advice.
PERSONAL IMMIGRATION
We work with individuals and families to ensure the best visa option is identified and a complete application or appeal is lodged.
VISA APPEALS
We are experts in tribunal and court appeals, assisting you to put the best visa appeal case forward.
VISA CANCELLATIONS
We are experts in responding to visa cancellation notices (NOICC) and having cancelled visas reinstated.
Corporate immigration:
Our corporate immigration clients tell us that recruiting and retaining top
talent is a key priority for their business. We understand that many businesses
need to look to non-citizen workers to address this priority.
The corporate visa process presents considerable operational risks and
administrative burdens for businesses navigating it alone. Choudhry & Associates
offers specialised corporate migration services designed to mitigate these risks with
a strategic, commercial approach.
Our team provides end-to-end support—from managing individual visa applications
to conducting compliance audits and providing ongoing counsel. With a dedicated
lawyer overseeing your matters, we guarantee efficient, reliable, and high-quality
immigration legal services.
TYPES OF CORPORATE IMMIGRATION VISAS
Sponsored Visa Application Services
Employer Sponsored Visas
Sponsorship Obligations
Human Resources & Recruitment Support
Auditing & Compliance
Appealing an Employer Sponsored Visa Decision
Personal immigration:
Choudhry and Associates lawyers work with individuals and families to navigate the
hundreds of visas to ensure the best migration option is identified and a complete
application or appeal is lodged.
Types of personal Immigration Visas
Personal Visa Application Services
Skilled Visas
Partner Visas
Family Visas
Tourist Visas
Temporary Activity Visa
Business Visas
Refugee, Humanitarian and Protection Visas
Bridging Visas
Student Visas
Appealing a Personal Visa Decision
Applying for Australian Citizenship
Visa Appeals:
If your visa is refused it may be refused for one or more reasons.
These reasons will be included in the visa refusal decision and we recommend that
you read this carefully.
What are some of the reasons for a visa refusal?
The reasons for your visa refusal can include:
- You did not meet the visa requirements when you lodged the visa application
or by the time a decision was made - You did not provide complete information when you lodged your visa
application - You did not respond to a request for further information about your visa
application - You did not complete required steps such as completing a health examination
- You provided false or misleading information
- You did not provide enough evidence to support your application
- You do not meet the character groundsfor the visa
- You do not meet the health requirements for the visa
Navigating a Visa Refusal: Your Options and Next Steps
Receiving a visa refusal can be distressing. It is crucial to act promptly and understand your options. The first step is to carefully review your refusal letter to determine:
- The specific reasons for the refusal
- Your legal right to appeal the decision
- The strict deadline for lodging an appeal
- The correct review body for your case
Generally, you have two primary pathways forward:
Option 1: Appeal the Decision
Most visa refusals can be appealed to a merits review tribunal or a court.
- Administrative Review Tribunal (ART): This is the most common avenue for appeals. It is critical to note that ART deadlines are strict and cannot be extended.
- Court Appeal: In certain complex circumstances, such as a refusal based on character grounds by the Minister, an appeal may be lodged directly with a court.
Option 2: Lodge a New Visa Application
In some cases, the most practical solution is to submit a new visa application. This may be recommended if:
- Your appeal has a low chance of success.
- It is a faster or more cost-effective path.
- You can meet all the criteria for the new visa and are not subject to any visa bars.
Key Considerations for a Visa Appeal
What are the requirements?
To appeal a visa refusal, you must typically:
- Lodge the formal appeal paperwork with the correct body (e.g., the ART).
- Strictly adhere to the deadline outlined in your refusal letter.
- Pay the required filing fee (though fee reductions or waivers may be available).
Where will the appeal be heard?
- ART Hearings: Most appeals are heard by the ART. You will generally attend a hearing in person to present your case. Preparation is key, and you must be ready to provide evidence and address the reasons for the initial refusal.
- Court Hearings: Appeals in court are more formal and focus on complex legal arguments, rather than a re-assessment of the facts.
Visa cancellations:
There are several reasons your visa may be cancelled.
TYPES OF VISA CANCELLATIONS
Section 501 Visa Cancellation
Section 116 Visa Cancellation
Immigration Detention
Understanding Visa Cancellation: Reasons, Reinstatement, and Appeals
A visa cancellation is a serious matter. Understanding the process and your options is critical to protecting your status in Australia.
Common Reasons for Visa Cancellation
Your visa may be cancelled for several key reasons, including:
- Breach of Visa Conditions: Failing to comply with the specific conditions of your visa (e.g., work limits, study requirements).
- Failure to Meet Character Requirements: Not satisfying the character grounds as assessed by the Department of Home Affairs.
- Provision of False Information: Submitting incorrect or misleading details or documents in your visa application.
- Request for Cancellation: Voluntarily asking for your visa to be cancelled.
Typically, you will receive a formal Notice of Intention to Consider Cancellation (NOICC) before a decision is made. This letter provides a critical opportunity to respond and present reasons why your visa should not be cancelled before a final decision is reached.
Can a Cancelled Visa Be Reinstated?
Yes, in certain circumstances, a cancelled visa can be reinstated. The primary pathways are:
- Appealing the Decision: Lodging a successful appeal with a review body like the Administrative Appeals Tribunal (AAT) or a court.
- Applying for Revocation: If your visa was mandatorily cancelled, you may apply to have that cancellation revoked.
This process is complex and often involves strict deadlines—some as short as 2 days. Seeking immediate legal advice upon receiving a NOICC or a cancellation notice is essential.
How to Appeal a Visa Cancellation
If your visa is cancelled, you have the right to appeal in most cases. Your cancellation notice will specify:
- Whether you have a right to appeal
- The exact deadline for lodging the appeal
- The correct review body (typically the AAT or, for ministerial decisions, a court)