AAT Appeals for visa cancellation or refusal are open to applicants within time limits of decision.
Undertaking review at the AAT is a ‘second chance’ and should be handled by an experienced registered migration professional (MARA Registered Migration agent or Lawyer).
There are strict time of appeal constraints (usually 7, 21, 28 or 72 days) so it is essential that you are aware of time of application so as to not miss time to lodge appeal.
AAT Appeals for Visa Cancellation or Refusal are also considered merits based review.
Merits based review means a reconsideration of the case in light of migration law.
Contact Us to request advice, assistance or representation in preparation of AAT appeals.
Successful AAT Appeals
Mr Chen was refused temporary skilled visa subclass 457 visa as chef on grounds that he did not satisfy essential criteria for the grant of visa. The DIBP case officer refused to grant visa arguing that there was a number of skilled chefs in his area of employment and that the sponsor could employ a locally resident citizen or permanent resident to fill the role. On appeal, the AAT remitted the decision back to the Department for reconsideration (successful outcome) as it was argued successfully that he possessed particular knowledge of cuisine and cooking techniques essential for the style of dishes offered at the restaurant. It was further argued that his skills were essential to the survival of the business and that any locally sourced chefs could not demonstrate knowledge of the unique style of cooking for which that restaurant built its business. The survival of the business was at stake if the applicant was not permitted to remain with a 457 visa.
Full case supplied on request.