Dale approached Summit Migration when his second Temporary Skills Shortage visa was refused. Dale had made the application to the Administrative Appeals Tribunal (AAT) nine months ago and had recently received notice that the matter had been listed for a hearing.

For those who are not aware, a typical process of the AAT review is as follow:

1. Application: lodge the AAT review application;Submission: provide supporting evidence and legal submission;

2. Allocation: Case allocation to a Member of the AAT, there may be a request for further information;

3. Invitation & Attendance: invite you to attend a hearing whether in person, or by telephone or video call, to give oral evidence and present arguments, nominate other persons who could give evidence e.g. a Migration Agent, suggest other evidence or materials the AAT might obtain

4. Further Submission: Post-hearing submission before decision, if required;

5. Decision: Decision will be received by the AAT containing the outcome and a statement of decision

Dale lived in Jabiru, NT. Despite the fact he was in a rural and remote area we were able to communicate efficiently and effectively, thanks to the advance in technology, through the client’s preferred communication method via Zoom video call, WhatsApp, and Email.

Dale’s refusal was based on failing to meet a Departmental policy requirement which our solicitors determined  was in excess of the requirements under the Migration Regulations. While the Department may create policy that gives effect to the requirements of the regulations, it may not create additional obligations not provided for by law.

Summit Migration solicitors drafted legal submissions noting this error and submitted them to the AAT. This submission was accepted and the Tribunal Member held that a hearing was not required. The client received a notice of cancellation of the hearing and shortly after was handed down notice that his application for merits review was successful.