Prospect Immigration

AAT Appeal

AAT Visa Appeal

When the Department of Home Affairs refuses your nomination or visa application, it can come as a major blow.

Although you’re dealing with a very stressful situation, you need to be aware of your visa appeal rights and act in a timely manner.

Almost all onshore refusals have appeal rights.

When it comes to appeals, time really is of the essence.

Special measures are in place for hearings taking place during the Covid-19/Coronavirus pandemic.

Do you qualify for a visa?

Remaining in Australia during the appeal process

In the majority of cases, you will be eligible to stay in Australia on a bridging visa while your appeal is being processed. Bridging visas usually carry the same conditions as your previous visa.

If your previous visa granted you full work rights, you will be able to continue working normally throughout the appeal process, even if the review takes several months or even years.

However, if you have plans to travel overseas, it is advisable to check the status of your review before making any travel arrangements.

AAT Pre-Hearing Procedures

Once your case is assigned to an AAT Member for review, they may undertake the following actions:

  • Request additional information to facilitate their decision-making process.
  • Extend an invitation for you to provide comments on specific information relevant to your case.
  • Offer you the opportunity to nominate individuals who can provide supporting evidence on your behalf.

The approach taken by the AAT is tailored to your unique circumstances and the specifics of your case.

In certain instances, the AAT may even reach a decision prior to a formal hearing if the Member determines that the case can be resolved in your favor based on the supporting documents already submitted.

AAT Hearing Process

In the event that your case proceeds to a hearing, you or your representative will receive a letter containing details about the hearing’s time, date, and location.

Depending on your location and the hearing format, your Registered Migration Agent may be able to accompany you in person or join remotely via dial-in.

It’s important to note that a hearing at the AAT is not the same as attending a formal court. It is typically conducted in a relatively informal manner, with only one Member present to ask you questions.

You have the option to bring a support person, such as a close friend or family member, to the hearing. Additionally, if you have arranged for witnesses to testify on your behalf, they can also attend.

If you require an interpreter, arrangements can be made to provide one during the hearing.

  • The typical process followed during most AAT hearings is as follows:
  • If you have a Registered Migration Agent representing you, they will speak with you or meet you prior to the hearing.
  • The AAT Member will explain the proceedings and provide an overview of what to expect during the hearing.
  • You will be asked to take an oath or make an affirmation to ensure truthfulness during the proceedings.
  • If you have an interpreter or witnesses, they will also be required to take an oath or make an affirmation.
  • The Member will provide you with an opportunity to explain why you believe the decision made by your visa Case Officer is incorrect.
  • The outcome of the hearing may be communicated to you at the end of the session or at a later stage.
  • The duration of hearings can vary, with most typically lasting between one and three hours.

In the event that your visa appeal is unsuccessful

There are alternative options available. You may have the opportunity to apply for another visa, depending on your specific circumstances. In certain situations, you can explore avenues such as applying for ministerial intervention or pursuing legal recourse by taking your case to court.

Handling Your Visa Appeal

At Prospect Immigration, we have a proven track record of successfully managing numerous AAT appeals. Our approach involves meticulous attention to detail as we prepare a comprehensive submission on your behalf. This involves in-depth analysis of current Case Law, interpretation of the Migration Act and Regulations, and a thorough review of the Case Officer Policy Advisory Manual. Additionally, we explore various avenues to strengthen your case, such as obtaining statements from business, community, social, or political organizations.

Recognizing that each visa appeal is unique, we tailor our strategies to suit the specific circumstances of your case. We understand that no two cases are alike, and we approach each appeal with careful consideration.

To determine your eligibility for appealing your visa refusal, we encourage you to get in touch with us today. This will enable us to provide you with detailed information regarding the steps, fees, and overall process involved in your visa appeal.

Common Reasons for Visa Refusals

Visas can be refused for various reasons, some of which include:

  • Failure to meet the requirements of previous visas
  • Submission of fraudulent or counterfeit documents
  • Concerns regarding character and health
  • Inadequate fulfillment of sponsor requirements
  • Application for an incorrect visa category
  • Non-compliance with previous visa conditions
  • Incorrect calculation of required points
  • Lack of genuine need for the sponsored employment role
  • Application for a role that does not align with your skills

It is important to note that this is not an exhaustive list, as visa refusals can stem from a range of factors. Each case is unique, and a thorough assessment of the specific circumstances is crucial in understanding the reasons behind a visa refusal.

What is the typical duration of visa appeals?

Visa appeal durations vary based on the visa subclass you have applied for.

Due to a significant increase in the number of applications received, the AAT has experienced delays in processing appeals.

For partner visa application reviews, the average wait time currently exceeds two years.

Remaining in Australia during the appeal process

In the majority of cases, you will be eligible to stay in Australia on a bridging visa while your appeal is being processed. Bridging visas usually carry the same conditions as your previous visa.

If your previous visa granted you full work rights, you will be able to continue working normally throughout the appeal process, even if the review takes several months or even years.

However, if you have plans to travel overseas, it is advisable to check the status of your review before making any travel arrangements.

AAT Pre-Hearing Procedures

Once your case is assigned to an AAT Member for review, they may undertake the following actions:

  • Request additional information to facilitate their decision-making process.
  • Extend an invitation for you to provide comments on specific information relevant to your case.
  • Offer you the opportunity to nominate individuals who can provide supporting evidence on your behalf.

The approach taken by the AAT is tailored to your unique circumstances and the specifics of your case.

In certain instances, the AAT may even reach a decision prior to a formal hearing if the Member determines that the case can be resolved in your favor based on the supporting documents already submitted.

AAT Hearing Process

In the event that your case proceeds to a hearing, you or your representative will receive a letter containing details about the hearing’s time, date, and location.

Depending on your location and the hearing format, your Registered Migration Agent may be able to accompany you in person or join remotely via dial-in.

It’s important to note that a hearing at the AAT is not the same as attending a formal court. It is typically conducted in a relatively informal manner, with only one Member present to ask you questions.

You have the option to bring a support person, such as a close friend or family member, to the hearing. Additionally, if you have arranged for witnesses to testify on your behalf, they can also attend.

If you require an interpreter, arrangements can be made to provide one during the hearing.

  • The typical process followed during most AAT hearings is as follows:
  • If you have a Registered Migration Agent representing you, they will speak with you or meet you prior to the hearing.
  • The AAT Member will explain the proceedings and provide an overview of what to expect during the hearing.
  • You will be asked to take an oath or make an affirmation to ensure truthfulness during the proceedings. 
  • If you have an interpreter or witnesses, they will also be required to take an oath or make an affirmation.
  • The Member will provide you with an opportunity to explain why you believe the decision made by your visa Case Officer is incorrect.
  • The outcome of the hearing may be communicated to you at the end of the session or at a later stage.
  • The duration of hearings can vary, with most typically lasting between one and three hours.

In the event that your visa appeal is unsuccessful

There are alternative options available. You may have the opportunity to apply for another visa, depending on your specific circumstances. In certain situations, you can explore avenues such as applying for ministerial intervention or pursuing legal recourse by taking your case to court.

Handling Your Visa Appeal

At Prospect Immigration, we have a proven track record of successfully managing numerous AAT appeals. Our approach involves meticulous attention to detail as we prepare a comprehensive submission on your behalf. This involves in-depth analysis of current Case Law, interpretation of the Migration Act and Regulations, and a thorough review of the Case Officer Policy Advisory Manual. Additionally, we explore various avenues to strengthen your case, such as obtaining statements from business, community, social, or political organizations.

Recognizing that each visa appeal is unique, we tailor our strategies to suit the specific circumstances of your case. We understand that no two cases are alike, and we approach each appeal with careful consideration.

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