Appeals

Appeals

With more than 15 years’ experience in the field, you can have peace of mind knowing that we are here to support you when it all goes wrong. Our registered migration agents will find the best solution to your problem and will be there with you through the whole procedure. This includes preparing submissions on your behalf to the immigration department and even appearing in front of the Administrative Appeals Tribunal or the Federal Court with you.

We can provide assistance in the case you:

  • Have received a request for more information or invitation to comment on your application.
  • Wish to apply for a review of a decision by the Department of Immigration and Border Protection.
  • Require assistance with judicial review applications by the Federal Circuit Court of Australia.
  • Need representation before the Federal Court of Australia.
  • Need advice in relation to Ministerial Intervention applications, including the drafting of Ministerial Intervention submissions.

Administrative Appeals Tribunal

The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. They have the power to review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies.

The types of decisions reviewable by the AAT include:

  • Visa refusals or cancellations (if the applicant or visa holder is in Australia).
  • Refusal to revoke the cancellation of a visa (if the visa holder is in Australia).
  • Determination on security bonds.
  • Determination on the points test for business sponsorships and nominations and also for skilled migration visas.

The benefit of applying for an AAT review is that if the AAT determines a decision by the immigration department to be incorrect, they have the power to set the decision aside and grant the visa application (on a case by case basis). In most cases, an incorrect decision will simply be set aside and the decision will be remitted back to the DIBP for reconsideration.

Submission time limits are very strict and generally quite short. The department will notify you about the time limit you have to submit an appeal along with the notification of the unfavourable decision.

Once we have appropriately assessed your personal circumstances (and the unfavourable decision) we will gather supporting evidence to lodge an AAT application. After the application has been lodged, a member of the AAT will review the documents to determine whether the department has made an error in refusing or cancelling your visa. This is generally followed by an official hearing where the applicant can give further evidence for their case via written information or calling witnesses. The final decision will be made by the member after the hearing is complete.

Although it is not compulsory to be represented at the AAT, representation by a registered migration agent at Fortune Point can greatly increase your prospect of success. For more information on this procedure, please contact our Sydney office on (02) 8625 3505 or get in contact with one of our registered migration agents.

Federal Circuit Court

The Federal Circuit Court is an independent federal court under the Australian Constitution. In its jurisdiction, it can review specific decisions made under The Migration Act 1958 (Cth) ‘The Act’, including decisions made by the Minister for Immigration and Border Protection and the Administrative Appeals Tribunal. It is important to note that the Federal Circuit Court will only review whether a jurisdictional error was made in the decision being reviewed and will NOT reassess the merits of the application. If a jurisdictional error is found, the court can refer your case back to the decision maker and prevent the minister from acting on the decision.

Here at Fortune Point, we can assist you in your Federal Circuit Court application lodgment and representation from beginning to end. This can be a tedious and time consuming process thus it is essential you receive the right advice before proceeding.

Ministerial intervention

Additional Notes:

  • Additional link: Copy of the Code of Conduct and Consumer Guide.
  • Have a contact us page with basic info + form where they can contact us.
  • Australian Immigration Law is complex and constantly changing. For the latest information on this visa, please call our Sydney office on (02) 8625 3505 or get in contact with one of our registered migration agents for further advice.
  • Have Tourist Visa column and include visas to: AU, Canada, US, UK, NZ, Europe, Singapore, Malaysia. All it includes is brief info about why to travel to the place.
  • Can also have a news column with updated news on indian/aus visas etc.
  • Include list of affiliates.
  • Draft assessment questionnaire More Detail
  • Can have a client portal as well
  • Look at 887, 400, 600, 189 (Nz Stream Visas), 417
  • Protection visas
  • Have list of affiliates at bottom
  • https://www.parishpatience.com.au/links.html - includes all links to different things etc
  • Need to develop points tester like this: http://www.visassimply.com/australian-point-test/

400/401/402 in other info
Other Visas and Specialist Services – Visitor Visa, Australian Citizenship, Protection Visas, Appeals