AAT Appeals (Administrative Appeals Tribunal)
The Administrative Appeals Tribunal (AAT) is an independent body that reviews decisions made by the Department of Home Affairs regarding visa refusals and cancellations. If your visa application has been refused or your visa has been cancelled, you may have the right to appeal the decision to the AAT.
Who Can Apply for an AAT Review?
You may be eligible to apply for an AAT appeal if:
- Your visa application was refused while you were in Australia.
- Your visa was cancelled, and you have been notified of your right to appeal.
- You are a sponsor or nominator for a visa applicant whose application was refused.
Key Aspects of AAT Appeals:
- Time Limits: You must lodge your appeal within the deadline stated in your refusal/cancellation notice. Strict time limits apply, so prompt action is necessary.
- Review Process: The AAT conducts an independent review of the decision, considering new evidence and arguments.
- Possible Outcomes: The AAT may affirm, vary, or overturn the original decision, or return the case to the Department of Home Affairs for reconsideration.
- Hearing Process: In most cases, applicants will be required to attend a hearing where they can present their case and supporting evidence.
How We Can Help with AAT Appeals
- Assessing your eligibility for an appeal.
- Preparing and lodging your appeal application.
- Drafting detailed submissions and gathering supporting documents.
- Representing you at the hearing and advocating on your behalf.
Ministerial Intervention (MIU)
The Ministerial Intervention Unit (MIU) is a special process where the Minister for Immigration has the discretion to grant a visa in exceptional circumstances, even if the AAT has affirmed the refusal or cancellation of your visa.
Who Can Apply for Ministerial Intervention?
You may be eligible for Ministerial Intervention if:
- Your AAT appeal has been unsuccessful, and you have exhausted all other legal options.
- There are compelling, unique, and exceptional circumstances in your case that justify special consideration.
What Qualifies as Exceptional Circumstances?
The Minister may intervene in cases where there is evidence of:
- Strong humanitarian or compassionate factors.
- Significant contributions to the Australian community.
- Severe hardship or risk of harm if returned to your home country.
- Cases that align with Australia’s public interest or policy considerations.
Important Considerations for MIU Requests
- Ministerial Intervention is not a right; the Minister has absolute discretion to intervene or decline without providing reasons.
- Only cases referred by the AAT are usually considered.
- A strong, well-prepared submission is crucial for a successful intervention request.
How We Can Assist with Ministerial Intervention Requests
- Evaluating whether your case meets the eligibility criteria for Ministerial Intervention.
- Preparing a persuasive submission highlighting the compelling factors of your case.
- Compiling supporting evidence to strengthen your application.
- Liaising with relevant authorities and legal professionals to maximize your chances of success.
Why Choose Us?
- Experienced migration professionals specializing in AAT appeals and Ministerial Intervention cases.
- Tailored advice and strong representation to give you the best chance of a positive outcome.
- Transparent and ethical guidance throughout the entire process.
Need help with an AAT appeal or Ministerial Intervention request? Contact us today for expert guidance and support.
ADDRESS
37/10 Bridge street, Granville, Sydney CBD NSW 2000
CONTACT
Tel: +61420203277
info@goajo.com
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