The Administrative Appeals Tribunal (AAT) offers a second opportunity for you to state your case. The tribunal member will conduct a comprehensive review of all relevant facts and evidence pertaining to your application, rendering their own decision.

The duration for AAT to conclude the review process varies and is influenced by several factors, such as:

1. The volume of applications received by AAT.
2. The availability of AAT members to conduct reviews.
3. The nature of the decision being reviewed.
4. The complexity of the review.

For the case of employer nomination refusal, we expect at least 2 years of waiting time and it can be extended up to around 3.5 years.

1. Lodge Your AAT Application within the Timeframe:
   • Submit your AAT application within the specified timeframe mentioned in your decision letter. (usually 21 days)
   • If you miss the timeframe, you do not have any second chance. so make 100% sure you meet the timeframe.
   • For onshore applications, an extension of a Bridging Visa is typically granted, allowing stay in Australia during the AAT review process.
   • The tribunal may request additional information during this period, and they might make a decision without a hearing if the case can be resolved based on existing information.
2. Prepare for AAT Hearing:
   • Compile an updated set of all supporting documents.
   • If represented by an immigration lawyer, they will handle the legal submission on your behalf.
   • The legal submission is pivotal as it provides an opportunity to articulate reasons why your visa application should not be refused or cancelled, describe your personal circumstances, and demonstrate how you meet the required visa criteria.
3. Attend the Hearing:

• • During the hearing, you can:
    • Present evidence and arguments.
    • Articulate reasons for disagreeing with the decision under review.
    • Respond to any questions posed by the Member.
  • During the hearing, your representative can :
    • Assist the Member, only when they are allowed
    • present closing remarks based on the legal submission and the presented evidence
  • Typically, the decision is communicated either at the conclusion of the hearing or through written notification at a later date.

Understanding the AAT appeal process is crucial following visa refusal or cancellation, as it provides a platform for a merits review, reassessing the fairness and legality of decisions made by the Department of Home Affairs. Various visa decisions fall under the AAT’s jurisdiction, and the review process requires submitting an application within strict time limits.

Preparing for an AAT (Administrative Appeals Tribunal) hearing is crucial to present your case effectively. Here’s a guide on what you should prepare:

1. Up-to-Date Supporting Documents:
   • Ensure you have a comprehensive and current set of all supporting documents related to your case. This may include personal documents, letters, contracts, or any evidence relevant to your situation.
2. Legal Representation (if applicable):
   • If you have legal representation, work closely with your immigration lawyer. They can assist in preparing legal submissions, organizing documents, and providing guidance on the proceedings.
3. Legal Submissions:
   • Prepare a clear and concise legal submission. This document is an opportunity to present the legal arguments supporting your case. Clearly state why your visa application should not be refused or cancelled, elaborate on your personal circumstances, and demonstrate how you meet the required visa criteria.
4. Understanding Your Case:
   • Have a thorough understanding of the facts of your case. Be prepared to articulate why you disagree with the initial decision and how the circumstances have changed or were misunderstood.
5. Witnesses:
   • If there are individuals who can provide relevant testimony or support your case, consider bringing them as witnesses. Ensure they understand the details of your case and are willing to testify on your behalf.
6. Communication Skills:
   • Develop effective communication skills. Be prepared to clearly express your arguments, respond to questions from the Member of the Tribunal, and present your case in a logical and organized manner.
7. Anticipate Questions:
   • Think about potential questions that may be asked during the hearing and prepare responses. This helps you appear confident and well-prepared. your immigration lawyer can assist the preparation.
8. Review Relevant Laws and Policies:
   • Familiarize yourself with the relevant immigration laws and policies that apply to your case. Understanding the legal framework can strengthen your arguments.
9. Dress Professionally:
   • Dress in a manner that reflects the seriousness of the proceedings. A professional appearance can positively influence the perception of the Tribunal.
10. Follow Tribunal Procedures:
    • Familiarize yourself with the procedures of the Administrative Appeals Tribunal. Understand how the hearing will be conducted, what to expect, and any specific rules or requirements.

Remember, thorough preparation is key to presenting a strong case at the AAT hearing. If you have any uncertainties, seeking advice from legal professionals is advisable.

While it is not mandatory for you to attend an AAT (Administrative Appeals Tribunal) hearing, it is generally advisable to do so. Your attendance provides an opportunity to present your case directly, answer any questions the tribunal members may have, and offer additional information that could be crucial to the outcome of your appeal.

If you choose not to attend, the tribunal will still review the information and evidence provided in your application and any legal submissions. However, attending the hearing allows you to actively participate in the process and may enhance the tribunal’s understanding of your situation.

If you’re unable to attend for a valid reason, it’s essential to inform the tribunal as soon as possible and provide any necessary supporting documentation or explanations. Keep in mind that the decision will be based on the information available, whether you attend or not.

During an Administrative Appeals Tribunal (AAT) hearing, several key activities and procedures take place. Here’s an overview of what typically happens during an AAT hearing:

1. Introduction and Preliminary Matters:
   • The hearing usually begins with introductions and preliminary matters. The tribunal members, including the presiding Member, may introduce themselves, outline the purpose of the hearing, and explain the procedures that will be followed.
2. Presentation of the Case:
   • The appellant or their legal representative presents their case. This involves providing an overview of the issues, the reasons for appealing the decision, and any new evidence or arguments that support their case.
3. Questioning by the Tribunal:
   • Members of the tribunal may ask questions to clarify information, seek additional details, or better understand the appellant’s position. It’s essential for the appellant to respond clearly and concisely.
4. Witness Testimony (if applicable):
   • If there are witnesses, they may be called to provide testimony. Witnesses can be cross-examined by the tribunal members or the opposing party.
5. Legal Submissions:
   • The appellant may make legal submissions, presenting legal arguments and addressing relevant laws and policies. This is a critical part of the hearing, as it allows for a detailed examination of the legal aspects of the case.
6. Response by the Decision Maker (if present):
   • In some cases, the decision maker (the party responsible for the original decision being appealed) may be present to respond to the appellant’s case and provide their perspective.
7. Closing Statements:
   • Both parties, or their representatives, may have an opportunity for closing statements summarizing their key points and arguments.
8. Decision:
   • The tribunal may provide a decision at the conclusion of the hearing, or they may choose to reserve their decision and communicate it in writing at a later date.

It’s important to note that the specific procedures can vary, and the above steps are a general guide. The outcome of the AAT hearing depends on the evidence presented, the legal arguments made, and the tribunal’s assessment of the case based on relevant laws and policies. If you have legal representation, they can guide you through the process and help you navigate the hearing effectively.

The Administrative Appeals Tribunal (AAT) can have various outcomes based on its review of a case. Here are some possible outcomes:

1. Affirmation of the Decision:
   • The AAT may affirm the original decision, stating that they find it valid and reasonable. You lost.
2. Setting Aside the Decision:
   • The AAT has the authority to set aside the original decision, finding it to be incorrect or unjust. This may lead to a reconsideration of the case. You won!
3. Remittal for Reconsideration:
   • The AAT may remit the matter back to the original decision-maker (e.g., the Department of Home Affairs) for reconsideration, with specific directions or guidance. You won and your visa application will be assessed again.

There are other outcomes but it is rare to see them in the migration context.

It’s important to note that the specific outcome depends on the circumstances of each case, the evidence presented, and the legal arguments made during the AAT review. Additionally, the AAT may provide detailed reasons for its decision, explaining the factors considered in reaching a conclusion. If an appellant disagrees with the AAT decision, there may be limited avenues for further appeal, depending on the jurisdiction and the type of decision being reviewed. Seeking legal advice is recommended for individuals navigating the AAT process.

The impact on your immigration status after an Administrative Appeals Tribunal (AAT) decision depends on the specific outcome of the review. Here are some possible scenarios:

1. Decision in Your Favor:
   • If the AAT sets aside the original decision or substitutes its own decision in your favor, it may result in a positive impact on your immigration status. This could mean the granting or continuation of a visa.
2. Affirmation of the Original Decision:
   • If the AAT affirms the original decision, your immigration status may remain unchanged, and you would need to adhere to the terms of the original decision. If it was an unfavorable decision, you might need to explore alternative options or avenues.
3. Remittal for Reconsideration:
   • If the AAT remits the matter back to the original decision-maker for reconsideration, your immigration status might remain in a state of uncertainty until a new decision is made.
4. Dismissal:
   • If the AAT dismisses the appeal, your immigration status may be adversely affected, and you might need to explore other options or seek legal advice.

It’s crucial to carefully review the AAT decision and any accompanying instructions. If the decision results in a change to your immigration status, you should follow any directives provided by the AAT or the relevant immigration authorities. If you have legal representation, consult with them to understand the implications and any further steps that may be necessary.

Keep in mind that the specifics can vary based on the nature of the original decision, the type of visa involved, and the AAT’s findings. Seeking advice from immigration professionals or legal experts is advisable to navigate the potential implications on your immigration status.

Choosing the right solicitor for your AAT migration matter is crucial due to its significant impact on the outcome. Warning signs for considering a new solicitor include communication issues, poor performance, suggestions to give up your position, lack of experience, or overcharging. Transitioning to a new solicitor is typically straightforward, involving actions like submitting a notice of representation and obtaining your case file. The process emphasizes addressing common questions and concerns, ensuring a smooth transfer of files. The former solicitor has an obligation to promptly return all case files, and disputes and outstanding invoices should be avoided for a seamless transition. If needed, complaints can be made to regulatory authorities, but prioritizing amicable solutions is advised. Overall, the right lawyer is vital for a successful AAT outcome, and understanding the transition process can lead to the best possible resolution for your case.

Preparing for an AAT hearing in a migration case is crucial for a successful outcome. This involves understanding the AAT process, submitting a thorough appeal application, and carefully reviewing the decision made by the Department of Home Affairs. Key steps in the AAT hearing process include preparing your appeal case, receiving a hearing invitation, and presenting your case to a Tribunal member. Thorough preparation is essential, involving a strategy based on understanding the case and decision, gathering credible evidence, preparing a clear statement, conducting legal research, and seeking professional assistance from experienced immigration lawyers. Engaging a lawyer can significantly enhance your chances of success by providing guidance, preparing submissions, and ensuring correct procedural steps. Effectively preparing witnesses, if needed, is also emphasized. Overall, by following these steps and seeking professional help, you can navigate the AAT hearing with confidence and maximize the chances of a positive outcome in your migration case.

The immigration division of Park & Co Lawyers is led by an Accredited Specialist, Mr Chang Min Park.

Engaging an Accredited Specialist in Immigration Law is essential for success in an AAT case. These legal teams led by an Accredited Specialist recognized for their expertise through rigorous assessments, offer invaluable benefits such as expert knowledge, legal representation, and strategic advocacy. In the complex realm of immigration law, where AAT serves as an impartial reviewer of visa decisions, an Accredited Specialist’s experience becomes crucial.

These specialists, having undergone a demanding qualification process, possess a deep understanding of Australian immigration legislation. While their services may involve initial costs, the long-term advantages outweigh them by avoiding potential legal complications. With less than 100 Accredited Specialists in Immigration Law in Australia, their expertise is highly esteemed in the legal community.

The AAT review process offers a significant opportunity to challenge decisions made by the Department of Home Affairs, requiring a careful understanding of procedural fairness and a strong case strategy. An Accredited Specialist brings expert knowledge, legal representation, and strategic advocacy to navigate this process effectively.

Key advantages of retaining an Accredited Specialist include familiarity with precedents, timely resolution of disputes, and access to further review and appeal options if needed. They provide peace of mind, handling the complexities of legal processes and allowing individuals to focus on other aspects of life.

In conclusion, when facing immigration challenges, the assistance of an Accredited Specialist in Immigration Law is crucial for a successful AAT case. Their guidance helps navigate the complexities of the AAT review process, increasing the likelihood of achieving a fair and just resolution in immigration matters.

Navigating the Australian immigration system is complex and complicated. There is an inherent risk of misunderstanding or miscomprehending the criteria relevant to certain visa types, or what is required to be provided to the Department of Home Affairs. Accordingly, having your Immigration Lawyer as your trusted advisor with their skills and experience will provide you with the comfort you need.

We are obliged to charge professional fees that are no more than what is fair and reasonable. This takes into account our skill and experience, the scope and complexity of work to be performed, and the time taken to perform that work. Prior to commencing any work, we will disclose and advise you of our estimated fees for your confirmation.

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