25/02/2019

MIGRATION REVIEW

Visa refused or cancelled is unwanted thing. However, not everyone meets the conditions set out for Australian visa types. Cases of visa refusal or cancellation are largely due to insufficient evidence, health or legal problems.

If you have a visa cancelled or refused by the Australian Immigration Department, you are entitled to apply for a merits review of the decision to Administrative Appeals Tribunal (AAT).

Migration review to the Administrative Appeals Tribunal is important in case the application for an Australian immigrant visa is refused or cancelled. Because this is your last chance to obtain a visa or appeal against what the Australian immigration department has misjudged your application.

Applying for an Australian immigrant visa is not easy because the Australian Immigration Department increasingly tightens the application process. Applications applied for a visa by foreign workers are very easy to refuse when the Australian Department of Immigration considers it unqualified. Even if you have been granted a visa, your visa may be cancelled by the Australian Department of Immigration, making you an illegal citizen in Australia. In these cases, the appeal is an opportunity for you to be granted a visa and acknowledged your Australian migration visa.

Depending on the certain situations and issues, there will be developments immediately after you submit a formal review. But Newland will make a general move so that you can easily imagine and understand:

  1. Court Confirmation: After you submit your application, the court will send you a letter confirming that they have officially received your application and fees. Of course, they will carefully review whether your application is valid or not, and they will send you a letter with your file number. If the court finds that there is something wrong, they will notify you by sending a letter. The court may require additional information from you or ask you to comment on certain aspects of your records.
  2. Persuasion and Providence: By the due date, the court will conduct the trial. You will be invited to the trial to conduct the trial. The chairman will review your evidences and interview you. In some special cases, you will be interviewed by phone. This is when you need to give the most compelling answers so that the court can rely on your evidence and words to change and review the immigration department’s decision on your visa.
  3. Waiting for Review: The specific review period for each type of visa applications is different.

Additional evidences

One of the important things to win is the evidences. Of course, you will need to gather evidences regarding to your visa case. This is a necessary and imperative job to prove that you have met the eligibility requirements for visa approval, and most importantly, let you prove that the Immigration Department’s decision is completely wrong.

However, collecting and supplementing evidences to the court is not easy. Usually, you will need a specialist in immigration law to guide you. Because immigration laws are complicated and difficult to understand, you need a law-savvy person to guide you on what kind of evidence is appropriate, and what is needed to present the Department, for example: What is your requirement to meet the requirements of law, which sub-section, whether the evidence is sufficient as required by the law or not, what is the Immigration Department’s decision wrong, etc.

The types of decision after the trial

After the trial conducting your visa, the court will make some types of common decisions:

  • Affirm the decision, which means the Court agrees with the Immigration Department’s decision.
  • Vary the decision, which means the Court agrees in part with the Immigration Department’s decisions.
  • Set aside the decision and substitute a new decision, which mean that the Court accepts your argument and decides to change the Immigration Department’s decision.
  • Remit the decision, which means the court accepts your argument and the court sends your case back to the Immigration Department. The Immigration Department will conduct a review under specific guidance from the Court.
  • No jurisdiction, which means The Court decided that they had no authority to consider the Immigration Department’s decision.

If your visa has just been refused or cancelled, contact your representative immediately for instructions to apply to the Administrative Appeals Tribunal, because the time to apply for a review of the decision is limited. Therefore, you need to find a representative fast to support you in time. Or you can contact to Newland at 61-2-97257922 (in Australia) and 84-28-39310614 (in Vietnam) for further instructions.

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