Criminal Defense, Immigration and Family Law Firm Australia
AAT Appeals Lawyer In Australia
The majority of individuals believe that the only choice following a visa rejection is to leave Australia; however, the majority of people are unaware of their rights and the options that are available to them to make things right, including AAT appeals and Ministerial intervention requests.
Give Our Law Firm@ a call or send them an email and ask for AAT Appeal and MIU counsel if you have received a letter from the Department of Home Affairs informing you of visa denial or cancellation before purchasing your return flight!
These experienced specialists understand the “ins and outs” of the procedure and how to present your case in the best light, both of which may be very helpful for your appeal. In most cases, submitting a review application is your last and best chance to provide the necessary justifications for why you should be granted a visa or, in the case of visa cancellation, why the Department made a mistake in revoking your visa (note that, if the AAT review results in a negative finding, there may be additional channels for appeal), such as judicial review although this would only be the case in extreme instances). It is thus critical that you make the most of this chance and weigh the potential benefits and/or consequences of hiring an immigration appeal migration agent against drafting your application and representing yourself in the review.
Appointing A Representative For Your Appeal
You can appoint anybody to act as your representative for your appeal (for example, a family member or your sponsor), but only a registered migration agency can give immigration aid. A person offers ‘immigration aid’ under the Migration Act of 1958 if they utilize their expertise or experience in the migration process to help an application in preparing for a review and/or to represent the applicant in their case.
Visa Appeal Agent
All migration agents must register with the Migration Agents Registration Authority. When performing their duties as migration agents, they must also abide by a Code of Conduct.
You must finish and submit a few forms to the AAT, signed by you and your visa appeal agency representative, for the Tribunal to be informed of your appointment. The contact details for your representative are also included on this form, and these will be used in any correspondence regarding your review application. It is also very important to remember that you must give written notice to the AAT if you replace your representative or take away their power to act on your behalf.
How Can A Migration Agent Assist You With Your Appeal?
A qualified consultant in Australian immigration law known as a migration agent will employ their expertise, skill, and experience to ensure that your appeal is thoroughly thought out, prepared, and backed up by pertinent information so you can present a compelling argument to the court for AAT Appeal. A wise migration agent will consult several sources, some of which are not publicly available when compiling your paperwork and assembling your application (one example being Departmental policy, which sets out how Immigration interprets and applies the migration law in deciding visa applications).
You can get help with your appeal using one of the following strategies from an immigration appeal migration agent:
- Analyze your circumstance and offer suggestions on your options if you wish to appeal.
- Advise on issues with your visa status and other possible visa choices, if you have access to them. We’ll discuss significant concerns with the review-related subjects, such as:
- Your visa status in Australia if you apply for the review
- Your responsibilities and rights If your application is denied, you may submit further appeals even while you wait for the result (for instance, employment and travel privileges).
Let them know the requirements for applicants, the charges involved, the review procedures, and the deadline for submitting your review application. Keep in mind that when evaluating your case, the AAT is required to adhere to the requirements outlined in the migration regulations. All facets of the appeals procedure are subject to these stringent rules.
The Tribunal will be unable to exempt you if you disregard these instructions. You must understand these concepts and use them appropriately for your situation.
Create compelling written reasons to submit with your review application for the Tribunal Member to decide your case without a hearing. You must submit written comments outlining your points of view as part of the appeal process because it offers you the chance to explain why you believe the Department erred in making its decision.
Obtain recommendations for favorable expert reports to add to the supporting documentation you must include with your review application. Communicate with the AAT, ask for access to documents related to your application, and go with you if your case calls for a Tribunal hearing.
AAT Appeals
By Commonwealth statutes, the AAT conducts impartial merits reviews of administrative judgments. It examines decisions made by ministers, departments, and agencies of the Australian Government as well as, in rare instances, decisions made by state governments and non-governmental organizations.
One of nine divisions oversees review applications:
i. Division of Freedom of Information
ii. Basic Division
iii. Division of Migration and Refugees
iv. Division of the National Disability Insurance Scheme
v. Security Branch
vi. Division of Small Business Taxation
vii. Division of Social Services and Child Support
viii. Divisions of Commercial and Taxation
ix. Division of Veterans’ Appeals
AAT members
Independent statutory appointees who serve on the AAT hear and rule on requests for reviews of judgments. They must accomplish this by interpreting and applying pertinent laws to concrete situations, conducting hearings and other processes fairly from a procedural standpoint, and coming to well-informed judgments quickly based on pertinent standards and data. Members who meet the necessary qualifications may also lead alternative dispute resolution procedures.
When conducting evaluations, members collaborate with employees of the Australian Public Service (APS). Members can access a variety of support services from APS professionals, but it is up to them to manage their caseloads.
Who will hear the appeals from AAt’s:
An appeal from the AAT is usually heard by a single judge from the Federal Court.
An appeal may be considered by the Federal Court’s Full Court under the following circumstances:
if at least one judge on the Administrative Appeals Tribunal made the decision (see section 20(2) of the Federal Court of Australia Act 1976 (Cth)), or if the decision was made by at least one presidential member on the AAT (but not a judge), and the Chief Justice of the Federal Court believes it is appropriate for the appeal to be heard and decided by a Full Court following section 44(3) of the Administrative Appeals Tribunal.
Success Chances;
To prevail on an appeal from an AAT judgment, the applicant must persuade the Judge hearing the appeal that the AAT committed a legal error that contributed to the conclusion under appeal.
Law errors may include:
1. denying a party procedural justice; or
2. improperly reading legislation pertinent to the case
Even if a legal mistake is established, the Judge may reject the appeal if he or she believes that the AAT reached a conclusion that was correct on the evidence before it.
The judge reviewing an appeal from an AAT ruling:
1. does not call witnesses to give testimony; reads all pertinent documents filed by the parties in the original case;
2. does not take into account any new evidence or information that was not presented in the original case (except under special circumstances);
3. does not listen to the legal arguments made by both parties to the appeal.