AAT Representation
You may have a second chance at a visa even if refused.
Has your visa application been refused? Has your visa been cancelled? You may have another opportunity to present your case and get your visa.
The Administrative Appeals Tribunal (AAT) (formerly MRT/RRT) is an independent review body that reviews decisions made by the Department of Home Affairs (DHA), especially visa refusal and cancellation decisions. If you have had a visa application refused and wish to have that decision reviewed (appealed), the AAT may offer an opportunity to have that negative decision reviewed and, potentially, reversed.
The AAT represents a “last chance” opportunity for visa applicants and holders of cancelled visas to have an independent review of their case based on the merits of the case. Further review after the AAT is available from the courts, however the courts cannot review the merits of the case; they can only determine if a mistake was made in the process of refusal or cancellation. And unlike the courts, at the AAT you can introduce new evidence to support your visa application or argue against cancellation – the AAT review is essentially a completely new review of your case, and offers an excellent opportunity to remedy any problems in your original application.
The most common reasons why visas are refused or cancelled
The Australian visa application process is very complex, and the rules and requirements for visas change often. Most visa problems are based on the applicant’s lack of knowledge about the Australian visa system, or a mistaken belief that the Australian visa system is flexible – it is not. In fact, most visa application refusals can be traced back to on one or more of the following common problems:
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incomplete or inaccurate applications
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lack of proper supporting documentation
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poorly prepared applications and documents which do not meet the legislative requirements for the visa being requested
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poor quality supporting materials that cause DHA to believe the visa applicant’s request is not sincere or genuine
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poor advice from unregistered or inexperienced immigration advisors
The AAT: A New Opportunity To Present Your Case
The AAT offers visa applicants a chance to address whatever problems caused the visa refusal, but applicants only get one chance for a AAT review, so it’s important to make sure that an AAT review is done correctly, with the best possible written submission and supporting materials.
Our AAT review service offers a comprehensive package of benefits designed to present your case in the best possible way to the MRT including:
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A thorough review of your case and the reason(s) for the refusal or cancellation
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Review of your existing supporting documents and suggestions for improvement where necessary
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Assistance with preparation of witness statements and other supporting documents
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Review of previous legal cases and precedents that may support your visa application
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Creation of a thorough written submission for your AAT review and all forms required by the AAT
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Lodgment with the AAT and handling all communications from the AAT regarding your case
Your visa status in Australia can also be affected by an AAT review – if you are currently on a bridging visa, your visa can be extended if your lodge for an AAT review within the required time limit after notification of your refusal or cancellation.
There are strict time limits imposed by the AAT which cannot be extended. Contact Northam Lawyers immediately if you wish to pursue an AAT review and we can advise you of your options, your time limits, and how we can create and lodge your case documents with the AAT for the best possible chance at success.
Ministerial Intervention
We can appeal your unsuccessful AAT decision directly to the Minister.
Has your visa application been refused and you were unsuccessful at the AAT review tribunal? Australian law allows unsuccessful visa applicants in many cases to request that the Minister for Immigration and Citizenship personally intervene and grant a visa in the public interest.
Ministerial Intervention provides certain persons whose visa applications have been refused and who were unsuccessful at the review tribunals an opportunity to request that the Minister personally intervene and either grant the visa or make a more favourable decision than the initial refusal.
The basis for the Minister intervening is “the public interest” of Australia. That is, if the Minster believes that, based on the facts and evidence of the case, approving a visa application would be in the public interest of Australia, the minister has the ability to do so. It is important to note that Ministerial Intervention is generally only available to those applicants who have been unsuccessful at the Administrative Appeals Tribunal (AAT).
Ministerial Intervention gives the Minister the ability to take a fresh look at a visa refusal decision from a “humanitarian” perspective. This typically considers larger-picture issues such as the interests of the public at large, the interests of the nation, and other interests such as economic, trade, or cultural interests.
The Process of Applying for Ministerial Intervention
A key element of your application for Ministerial Intervention is the preparation of your submission package to the Minister. We will work with you to prepare a complete submission package that focuses on the compelling details of your personal situation and the public interest arguments why you should be granted an Australian visa.
We will also research previous legal cases that may be similar to yours and establish whether it may be prudent to include them as supporting references to your case.
Your visa status: Persons who apply for Ministerial Intervention may apply for a Bridging E visa, under which it is possible to obtain the right to work if a compelling need to work is established as part of the application. As part of the Ministerial Intervention application package, we will work with you to prepare your Bridging Visa application and submission package, and upon your request, a submission requesting work rights and documenting your need to work while you hold your Bridging Visa.
If your visa refusal review has been declined by the AAT, there are strict time limits on how long you may remain in Australia if you do not file your request for Ministerial Intervention or appeal your case to the judicial system.
Contact us immediately if you are interested in exploring your options for Ministerial Intervention. Even if your case is still awaiting tribunal review, we can advise you of your options, your time limits, and how we can create and file your request for Ministerial Intervention should you choose to take advantage of this option should your tribunal review be unsuccessful.
FCC Legal Representation
If you are unsuccessful at the AAT we can take your case to the courts.
Has your visa application been refused and you were unsuccessful at the AAT review tribunal due to a legal error by the AAT Tribunal? Australian law allows unsuccessful visa applicants in these cases to take their matters to the Federal Circuit Court, Federal Court, or other courts to seek a court order that the AAT re-hear their case.
Taking an immigration matter to the courts is a serious matter, as applicants who are unsuccessful at the courts in these circumstances can have cost orders for many thousands of dollars imposed on them.
We can assess your circumstances and your AAT decision to determine your best options and provide an opinion on whether the AAT may have made a legal error in your case that would meet the threshold of what can successfully be argued at the Federal Courts.
We will represent you and your matter in the courts and present the strongest, most effective legal arguments and evidence we can create for your case. In many cases you do not need to attend any of the court hearings yourself if you do not wish to.
The biggest mistake many applicants make if they represent themselves in the courts on immigration matters is thinking that court is another opportunity to make arguments about why they meet the requirements of the particular visa or citizenship application, similar to the AAT. In fact, the courts are prohibited by law from considering these sorts of arguments, and can only focus on what is called in legal terms “jurisdictional error”, which basically means a legal error. If we can show that the AAT has made a legal error, even what may seem like a small error, that can result in the Federal Court ordering the AAT to reconsider the case and provide an opportunity for a new hearing for the applicant.
Your visa status: Persons who apply for appeal to the courts must apply for a new bridging visa, and work rights may or may not be available for that visa.
If your visa or citizenship refusal review has been declined by the AAT, there are strict time limits on how long you may remain in Australia if you do not file your appeal to the courts. Contact us immediately if you are interested in exploring your options for appealing to the courts and we’ll be happy to discuss your case and determine your available options.