If you have received a visa refusal notification, don’t be disheartened as there are often steps you can take to have your application reviewed.
Visa refusal decisions are regularly overturned by the Administrative Appeals Tribunal (AAT) and the process for applying for a review of the decision can be done quickly and seamlessly by a Registered Migration Agent who is a specialist in the area of visa application reviews.
THE ADMINISTRATIVE APPEALS TRIBUNAL
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws.
Decisions are made by a Tribunal Member who will review the Department’s decision and the facts of your situation.
The AAT reviews a decision “on the merits”. This means that the Tribunal takes a fresh look at the facts, law and policy relating to the decision and arrive at their own decision. The AAT must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.
A typical process of the AAT Review follows the following procedure:
- Application: lodge the AAT review application;
- Submission: provide supporting evidence and legal submission;
- Allocation: Case allocation to a Member of the AAT, there may be a request for further information;
- Invitation & Attendance: invite you to attend a hearing whether in person or by telephone or by video, to give oral evidence and present argument
- Further Submission: Post-hearing submission before a decision if required;
- Decision: Decision will be received by the AAT containing the outcome and a statement of decision
If you are considering applying for Merits Review, you should speak to a legal professional.
Should your visa cancellation be affirmed by the AAT, you can either seek Judicial Review or request Ministerial Intervention
Merits Review is where you matter is heard ‘on the facts’ and may involve you giving evidence at a hearing.
The agents at Summit Migration are experts in this area, specifically specialising in visa refusals and cancellations.
- We specialise in visa refusal cases and have in-depth knowledge of the AAT systems and processes
- Years of experience presenting visa cases for favourable reconsideration
- We lodge urgent appeals fast and take the stress out of the process for you
- We take each case personally as we know how important these cases are to your life
- Our single goal is to get you that YES
A refusal is something that everyone dreads receiving, but if you act quickly and choose the right representative, it does not have to mean the end.