When the Department of Immigration refuses your visa, it can come as quite a big shock especially of you believe that you have done everything right. This can be an extremely stressful time for you. However, almost all onshore visa refusals have appeal rights with the Administrative Appeals Tribunal (AAT). This means you can apply to them to review the decision that has been made by the Department of Immigration.
The most important thing to remember is that the AAT have very strict time limits in which you must lodge your appeal. The refusal letter you receive from the Department of Immigration should state the review period, it is usually 21 days. Unfortunately, the AAT have no flexibility to allow you to lodge an appeal after the review period ends as they do not have any power to extend the time limit.
There are three basic outcomes that may result from the AAT appeal
1. The AAT Affirm the decision (Uphold) – this means that they have decided that the decision under review should not be changed and agrees with the Immigration Case Officers decision. The effect of this is that the decision remains in force and your visa is refused.
2. The AAT set aside the decision (Remit) – this means they have decided that the decision should be changed. They may replace (substitute) the decision with a new decision. In this case you will be refunded 50% of the AAT application fee
3. The AAT remits the decision (Overturn) – this means that they have decided that the decision should be reconsidered and the department is required to reconsider the application having regard to any directions made by the AAT. In this case you will be refunded 50% of the AAT application fee
The appeal process can be very daunting and stressful and it is extremely important to make the most of your opportunity for review, as you may not have another opportunity to have the facts of your case assessed.
Representing clients at the AAT requires a comprehensive knowledge of visa requirements, the ability to research relevant case law and expertise in the processes and procedures of AAT appeals. Cheryl Bird has successfully managed many AAT appeals, putting together detailed submissions for you by analysing current Case Law, interpreting the Migration Act and Regulations and reviewing the Departments Policy Advisory Manual. Cheryl will also look at other ways your case can be strengthened, such as statements from community, social, political or religious organisations.
Professional Fees To Appeal
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