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- ABN- 58 658 689 779
- MARN- 2318246
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+61-482029982
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info@knnmigration.com.au
Review & Appeals
Receiving a negative outcome for any visa application or finding out that your visa has been canceled can be a really upsetting and distressing time. Many decisions can however be appealed to the Administrative Appeals Tribunal (AAT).
An AAT Review
The AAT performs a fresh examination of your application. Seeking an appeal with the AAT offers you an opportunity to get your application reviewed again. The Tribunal Member will conduct a new assessment of all the facts and evidence in your application and reach an independent judgment.
Possible Outcomes
The AAT has the power to do one of the following:
- Affirm the decision – ie where they agree with the decision made by the Department
- Remit the decision back to the Department for reconsideration
- Vary or set aside or substitute a decision.
Contact Us Now!
To learn more about the Australian Partner Visa and how you can apply, submit the Enquiry Form and our team will get in touch with you.
The Process
The process is as follows:
1. Lodge the application – There are normally strict time limits under which you need to apply for AAT review and there are no waiver for this time frame. So, as soon as you get a refusal/cancellation and you are considering Merits Review its best to contact a professional advisor to understand the next steps as this might be your last chance to correct the things.
- For an onshore application, you will usually be granted an extension of your Bridging Visa which will allow you to remain in Australia until your matter is listed for hearing.
2. Receive an invitation to attend a hearing at the AAT.
- At this time, you should prepare your submission with all the upto date information to present your case. Explain why the decision of the Department was incorrect and outline their legal arguments as to how you meet each of the criteria applicable to the grant of your visa.
3. Attend at your hearing– Even though you will have provided a lot of supporting evidence already, this is your opportunity to present your information in person. The Member will guide the proceedings and will ask questions of you and any other witnesses. The Member can make a decision on the day, but usually they will reserve their decision for some time after the hearing.
What to expect at the hearing?
- The hearing will usually take place in-person at the AAT or, in certain situations, it can be attended online.
- The proceedings will involve you, the Member, and a staff member from the AAT. You should also inform the AAT if you wish to have a representative, a support person, or any witnesses present.
- If needed, you can request an interpreter for the hearing.
- These hearings are public, meaning that anyone can observe from the back of the room if they choose to do so.
- The duration of the hearing will typically range from 1 to 4 hours, depending on the complexity of the case.
Phone
+61-482029982
info@knnmigration.com.au
Location
Castle Hill, NSW - 2154
About Us
Discover the requirements for Australian immigration with KnN, your dependable migration agents and solicitors.