What are your rights if you had your visa cancelled or refused?
AAT, MRT, RRT Appeals
The DIBP (Department of Immigration and Border Protection) may send you communication (emails, letters etc) advising you of the visa cancellation/ visa refusals. This communication will further advise you of your rights to appeal against the decision. You may be able to appeal against this decision to the AAT (Administrative Appeals Tribunal formerly addressed as MRT in general).
We have put together some information about how the appeals process works
What is the Administrative Appeals Tribunal (AAT)?
The Administrative Appeals Tribunal (AAT) conducts the merits review (reconsideration) of most administrative decisions by the Federal Government under the Commonwealth Laws. On 1 July 2015 the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) were merged with the AAT.
The AAT takes a fresh look at the facts, law and policies related to the particular decision to reach a conclusion that the decision taken by the delegate or minister is the legally correct decision. The AAT has the right to do the following
► Affirm a decision – Or in other words confirm that the previous decision was the correct decision
► Vary a decision – means can make changes to the previous decision
► Set aside a decision and substitute a new decision – means the AAT can cancel the previous decision or
► Remit a decision to the DIBP case officer– ask the DIBP that the decision to be reviewed by the DIBP.
AAT reviews all the facts of the case and will provide you with the opportunity to produce more facts and information or new evidence before or during the appeal process.
Take note of the Timeframe for Appeal to the AAT
Generally the letter/ email of visa cancellation/ refusal with advice you of the total time you have for the appeal which is generally within 21 days of the day are taken to have received the communication. However, the timeframe can be different depending on the type of decision and the communication method by which you were notified of the decision of visa cancellation/ visa refusal.
You must lodge your appeal within this time frame otherwise you may lose your rights to appeal and review. You must use the correct form for review appeal and pay the correct Application fee ($1,673 as of March 2016)
What happens during the AAT Hearings
The appeal process gives you the right to attend the hearing in person and it also gives you the opportunity to provide further information, facts or evidences both verbally or otherwise. You can call upon witnesses’ to give further evidence. Likewise the members at the tribunal will have the opportunity to ask you any questions to clarify the facts about your case.
Why engage Red Earth Migration for AAT Appeals (Visa Cancellations and Visa Refusal matters)
Having your visa cancelled/ refused could be very difficult and stressful time. Instead of being sad about the visa outcome it is time to have your case reviewed and prepare for an appeal.
Your visa prospect and further consequences thereon will be determined depending on the outcome of the hearing. So it is very important to be thoroughly prepared for the hearing. You can prepare by reviewing facts of your case and by review of your correspondence with the DIBP. It will be further beneficial to assume possible questions which a member may ask you and prepare well in advance for it.
This may very well be your last chance to have your case reassessed so you must put all efforts possible to prepare for this case.
We help clients with the appeals/ reviews in the following manner:
» We review the entire case and interview the client again for a 1st time to understand each and every detail
» Collection all relevant case documents and correspondence
» We then review the visa requirements, do more research by using previous cases and review materials provided
» Then we do a 2nd meeting with client to discuss the course of action and advise on of the possible outcome
» We advise you on the time frame, costs for DIBP etc
» We further liaise with DIBP or any other agencies after your approval
We attend to Urgent Matters and provide same day response
►Free Assessment of your case
►Urgent matters – same day response (Weekends, after hours as well)
►Always available to answer your queries (Phone, Email, In person)
►All services under one roof (Document certification, attestation, true copy etc)
►We do all the paperwork including helping you write letters, submissions, explanations etc
►A professional and supportive team working from a conveniently located office
Contact us to assist and guide you with appeals/ review application to help you reach a successful outcome. Please book a consultation with one of our migration experts who will give you an indication of possible outcome and process involved.