Have you had a visa application refused or a visa cancelled? Did you know that Migration Agent Morphett Vale can help? We do more than just visa applications. Our other services include visa appeals to the Administrative Appeals Tribunal (AAT). This is also referred to as a ‘review.’
We will fight for your rights.
Applying For A Review To The AAT
Most refusals and cancellations have a right of appeal to the AAT. This is a merits review process whereby the Tribunal will assess your application independently of the Department of Home Affairs (the Department). Under this process, the AAT ‘steps into the shoes of the Department’ to determine whether the correct decision was made, based on the same legislative provisions as those that were applied by the Department in arriving at its original decision. One of the benefits of a review is that the AAT can also consider new information which you supply as part of the review, in making its decision.
Proceeding with this course of action effectively involves having a fresh pairs of eyes review your case to ensure that the decision reached by the Department was the right one. A Tribunal appeal effectively provides an opportunity for a second chance to have your case assessed.
If you have had a refusal or cancellation decision, it is important to carefully consider the ramifications of this, now, and into the future, as such a decision may affect your ability to be granted a further visa to Australia.
Sometimes, the decision to refuse or cancel can be an obvious one, with no grounds to argue otherwise (for example, where a visa grant requirement has clearly not been met and consequently, the applicant is not entitled to the visa). On the other hand, given the complex nature of the migration laws, in some cases, the answer is not always immediately obvious and in large part, requires the applicant to present a persuasive case to argue why they meet a certain visa grant requirement, for example. In assessing cases, there are often occasions where the decision is more of a discretionary one, rather than a simple black and white answer, which is based on all the facts and evidence provided. In these more subjective situations, the risk of a refusal or cancellation is likely to be greater.
Where an appeal to the AAT is a possible option, it can be a good opportunity to explain further why the incorrect decision has been made. Particularly if there is a Tribunal hearing, the applicant can themselves have their say by appealing directly to the AAT Member.
Whether or not you decide to proceed with an appeal to the AAT, the important thing is that you are fully informed about, and have carefully considered what a refusal or cancellation means for you, and what options you have in this regard, so that you can make the best decision for you based on your personal situation.
Receiving tailored advice is vital, and this is exactly what an expert like PAX Migration Australia will provide. You decide what you choose to do with this information. And remember, in some cases, an appeal may not be the best course of action for you; there could be a better way to proceed. Again, what is key is that you have carefully considered all options available, based on expert advice, so that you can make an informed choice.
What About Time Limits?
It is also important to point out that strict time limits apply if you seek to proceed with an appeal to the AAT. There is a relatively short time frame in which you can apply to the Tribunal, so you need to act quickly. Ideally, do not wait any longer than you have to after receiving a refusal or cancellation decision from the Department. There is nothing worse than realising that you could have had a second chance to have your case considered but missed the opportunity. And, as discussed, sometimes, letting the refusal or cancellation stand can result in serious consequences, affecting your ability to be granted a further visa to Australia.
So, with this in mind, what will immigration agent Morphett Vale do for you as part of its service?
Appeal To The Tribunal
If you decide to apply for a review of your case to the AAT, and engage the services of PAX Migration Australia, its team of experts will:
- Apply to the Tribunal on your behalf;
- Formulate a strategy to give you the best possible chance of achieving your immigration goal from your appeal;
- Provide guidance regarding what information is relevant for you to explain to the review body to support your case;
- Provide advice and support in helping you to gather evidence and documentation to be submitted as part of your review claim;
- Prepare written submissions. To do this, we will gather all the facts and evidence from you that best represents your circumstances. This can include arranging expert testimony and declarations from relevant parties. We will then prepare a written submission that argues your case to give you the best opportunity for success;
- Appear in any interviews and tribunal hearings with you; and
- Liaise with the Tribunal hearing your case as well as other interested parties, as required.
What Do We Offer For An AAT Appeal?
First, we will start with a consultation. This meeting, which can be conducted in a number of ways, provides an opportunity for us to gather all the relevant facts and information about your case, to assess available course/s of action that you may be able to pursue, including the possible advantages and disadvantages of pursuing each one, and to recommend what the best option may be for you, based on your individual circumstances, your goals and need, both from a migration, and personal standpoint; we understand and recognise that these decisions may heavily impact on your personal life, and therefore these ‘other’ factors are just as important to consider in this regard. For example, it is important to be aware that proceeding with an AAT appeal can mean a long wait time to have a decision made on your case. This can mean waiting, sometimes a long time, to reach a conclusion on your matter and therefore effectively, putting everything on hold for an extended period. You also need to consider what you can do during this wait time, such as any work and travel rights you may have. These are important questions to be aware of when deciding what to do.
How Can The Consultation Be Conducted?
This can be done in one of three ways:
- Face to face meeting in our Adelaide office;
- Video Conference (eg. Skype or Whatsapp); or
- Telephone Call.
Our aim is to make this process as easy as we can for you, and that means discussing your case at a place and time that is convenient for you.
How Much Will Our Services For An AAT Appeal Cost?
Our fee for the consultation is $330.00. In exchange for this fee, we will:
- Explain your eligibility for a Tribunal Appeal and your options;
- Identify the key arguments for your case;
- Provide you with an indication of the likely outcome and how strong your case is;
- Provide guidance on the process;
- Explain the costs involved; and
- Explain what type of evidence will be required.
The consultation fee will be credited against our fees for the Tribunal appeal if you decide to engage our services.
Tribunal Appeal Fee
Our average fee for handling an AAT review is approximately $3,500 plus hearing fees (attendance at hearings may not be required if a favourable decision is made on written submissions). As our fees will vary depending on the complexity of each case, we will always provide you with a full quote at your consultation. We can also provide a reasonably reliable quote prior to your consultation so that you know what fees are in store well in advance of beginning your relationship with us.
Are There Any Other Options To Appeal A Case?
Yes, there may be other potential options available to you.
If your application to the AAT is unsuccessful, you may consider an appeal directly to the Minister to personally intervene in your case. This effectively gives you a third chance to have your case reviewed, as this avenue is only available once a decision has already been made by the AAT (i.e. you cannot apply directly to the Minister without first seeking a review of your case).
Seeking a judicial review can also be an option. This involves making an application to the Federal Court or the Federal Circuit and Family Court of Australia. Strict time limits apply in this case (although this may be extended by the court). It is recommended that you seek legal advice and representation if you are considering and/or if you decide to proceed with this option. We can help by recommending an immigration lawyer whom you can contact to assist you in this matter.
Real Life Cases
To learn more about how we have assisted our clients in appealing their case to the AAT, see our case studies on Lifting the sponsorship bar and proving a Genuine and Continuing relationship for a Partner Visa.
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Appeals And Other Options
We have prepared a series of detailed guides which provide further information about applying for an AAT review and other options that may be available to you. You can access them by clicking on the links below:
Engaging A Migration Agent To Help
And to find out more about why you should consider choosing PAX Migration Australia, what our clients thinks about us, and why obtaining expert advice and assistance from a migration agent Morphett Vale can be beneficial in achieving a positive outcome on your migration matter, please see the following articles:
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Contact PAX Migration Australia to book a no-obligation consultation to find out more about how immigration agent Morphett Vale can assist you with your visa appeal to the AAT.