It is important to us that you are able to fully participate in the review and present your case.
Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.
However, we understand that you may need or want assistance with your review, or other kinds of support.
Administrative Appeals Tribunal (AAT)
If a visa or nomination application is refused or you have had your visa cancelled, it may be a decision which can be reviewed through the Administrative Appeals Tribunal (AAT). There is a critical time frame between a decision being made by the immigration department and lodging an Administrative Appeals Tribunal application for merits review. This time frame cannot be extended, therefore it is important that you seek advice and assistance at the earliest opportunity. This is critical in ensure your Administrative Appeals Tribunal application is submitted on time, in the correct manner.
Partner visa 820 – 801 and AAT migration agent
If you remain in Australia– The Subdivision 820 Onshore Partner Visa is your ideal choice. After your application has been submitted, when your current visa expires, you will be given a Bridging Visa A with full employment rights to stay in Australia. In contrast, your partner visa 820 – 801 application is processed.
The Onshore Partner Visa has 2 phases.
· The Provisional Partner Visa, also known as the Temporary Companion Visa, is the initial step.
· The second phase of the Companion Visa process is the Long-term Companion Visa (Subclass 801).
From the 1st of July 2015, Movement Testimonial Tribunal (MRT) and the Refugee Testimonial Tribunal (RRT) were incorporated into the Migration Department of AAT, which examines the choices made by the Federal Government.
The administrative Allure Tribunal is the only body that commands to assess the advantages of a visa application.
The AAT revaluates your situation data thoroughly, examining the facts provided and laws relating to the decision and reaching a new choice. aat migration agent analyzes your application afresh, reviewing the records, proofs, kinds, and all the info you have offered to the department.
Administrative Appeals Tribunal
The role of the Migration and Refugee Division of the AAT is to review decisions made by the Department of Immigration and Border Protection (DIBP). The AAT have the power to affirm, vary or set aside DIBP’s decision, or to return the matter to DIBP for reconsideration with specific directions. The AAT is able to consider a wide range of visa-related decisions, including refusals and cancellations. Decisions are based on the merits of each particular case.
Your application for review MUST be lodged with the AAT within the required time frame. The letter that you receive from DIBP regarding the decision to refuse or cancel your visa will refer to the exact time frame within which you must lodge your review application, should you take this step. In most cases the relevant time frame for application is 21 days from the date of a decision to refuse a visa application, and 7 days from the date of a decision to cancel your visa.
The AAT can decide to:
- affirm DIBP’s decision, meaning that is agrees with DIBP’s decision and it will not be changed;
- set aside DIBP’s decision, meaning that the decision will be changed. In this situation, the AAT has the option of substituting DIBP’s decision with a new decision, or returning the matter to DIBP for reconsideration (see below).
- remit DIBP’s decision, meaning that the matter will be returned to DIBP for reconsideration. The AAT may then give DIBP directions that it must take into account when reconsidering its decision.
When does the AAT review application have to be lodged?
If a visa application is refused while the applicant is onshore then there is a 21 day deadline by which to lodge a review application with the AAT. If that visa applicant is offshore at the time of refusal then the sponsor must lodge a review application with the AAT within 70 days of the refusal decision. It is very important to lodge a review application within the deadline specified on the refusal notice otherwise the opportunity for the refusal to be reviewed will be lost.Here’s the best twisted stiffbone mhr providing for you!
What if the AAT appeal is successful?
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If your AAT application is successful, then your application will generally be remitted back to the Department for final determination and decision.
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The Department’s processing time for such applications is generally relatively short – say 4 to 8 weeks. However, processing times do vary significantly, and it may be months before you receive a decision from the Department.
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Approval of your AAT appeal does not guarantee that your application will be approved. The Department will still check to ensure that all the relevant eligibility requirements are satisfied. I have seen cases where the applicant has been successful with their AAT appeal, but then the visa application is later
