If your application is refused by the Department of Home Affairs, our team can assist you in structuring a case for the Administrative Appeals Tribunal (AAT) where we can appeal the decision.
This service through Active Migration Australia is available to all refused applicants, whether you are a previous client or not. Many cases of refusal are due to common mistakes or misunderstandings while some may require a more complex argument. Active Migration Australia is able to assess your circumstances and provide honest feedback and advice.
Our team has extensive knowledge of the Administrative Appeals Tribunal. Our expertise and years of experience in helping clients with AAT cases make Active Migration a first option for many refused applicants.
How We Work
In many instances after a refusal you only have 21 days from the receipt of the refusal notice to apply to AAT. Given the short amount of time, this can be a stressful period. At Active Migration Australia once we have had a consultation with our client and decided AAT is the right option we follow a very structured process so you know what is happening at every step.
Stage 1 – Lodge an AAT Application
The first stage in the AAT application process is to lodge the AAT application. At Active Migration Australia we not only assist you in lodging the application, we also obtain the Department of Immigration and Citizenship (DIAC) file, under the Freedom Of Information Act (FOI). Once the AAT application has been submitted, if you are in Australia, you will be given a bridging visa to remain here lawfully. Bridging visas may or may not have work rights so your migration agent will provide advice and if possible assist you in applying for work rights.
Stage 2 – Review the case file and provide a recommendation
Once the DIAC file is received one of our agents will review the case file along with any information provided by the client and compare it to the relevant legislation and case law. At the end of this process the Registered Migration Agent will meet with you to discuss the information and provide recommendations on how to proceed.
Stage 3 – The AAT hearing
The AAT hearing can be a stressful time for clients. What most clients do not understand is that they – not the representative – will be the one addressing the member. At Active Migration Australia we prepare you for the hearing by;
- Acknowledging the hearing date and ensure you have an interpreter if required
- Conducting a pre-hearing meeting to explain the process on the day
- Prepare the merit of your case and explain it clearly and concisely to you
- Hold a sample hearing in our boardroom so you can feel more comfortable on the day
- AAT hearings can be via phone or video conference so we will simulate these situations for you also if required
- Provide pre submission documents and post submission documents to the AAT
To ask questions about AAT please contact the Active Migration Team who will be happy to deal with your request.