Visa refusal decisions are regularly overturned by the Administrative Appeals Tribunal (AAT).
If you are within time to lodge an application for review, you need to act quickly.
If your decision is reviewable, then it is critically important that you act quickly to lodge your appeal.
Here at Summit Migration, we frequently deal with visa refusals.
Work with legally trained migration agents who are experienced in preparing strong legal arguments to get you to YES.
Work with a firm built for the digital generation, and experience significantly lower fees.
You won’t have to spend days researching complicated visa options; your representative has done this many times before.
“If I knew then what I know now I would 100% go through Summit Migration. I couldn’t have done it on my own or with another agency that didn’t know the system as intimately, especially for when difficulties arise, and they will.”
– Tsevi Andre
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.