Visa Refusal Decision Successfully Appealed in the Federal Court and then Won at Administrative Appeals Tribunal

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Competent representation is inarguably the most essential factor when it comes to raising one’s chances of success in legal proceedings. In the case of our client, she’s had first-hand experience from two spectrums, being represented before the Federal Circuit Court and then the Australian Administrative Tribunal.

In this article, we’ll be going over a case where the nomination and Application were refused by the delegate of the Migration Department.  Stephens & Tozer Solicitors acted for our client with a positive result. The outcome was successful.

Australian Visa Refusal

AAT Appeal

This client had applied for Visa Subclass 186 – Employer Nominated Migration Scheme, which was lodged by her previous agent/representative. The applicant was seeking a visa in the Temporary Residence Transition stream to work in the nominated position of Café or Restaurant Manager (ANZSCO 141111). The delegate of the Minister for Immigration and Border Protection refused the applicant’s Employer Nominations (Permanent) (Class EN) visa. 

Her agents then took it to review at The Administrative Appeals Tribunal and were unsuccessful there too. The delegate at AAT had refused to grant the nomination and, consequently, the visa because the applicant did not meet cl 186.223(2) of Schedule 2 to the Regulations.

The Client was recommended to Stephens & Tozer after being unsuccessful in 2 instances.

Stephens & Tozer lodged an Appeal to the Federal Circuit Court.

The application had been remitted by the Federal Circuit Court on the basis that the nomination refusal in the Application was affected by jurisdictional error.

The applicants were represented in relation to the review by their solicitors, Mr Rodney Sahay and Mr Yossi Witkowsky, of Stephens & Tozer Solicitors and were successful.

Because of the success at the Federal Circuit Court, the matter was remitted back to The Administrative Appeals Tribunal for review, giving the client yet another opportunity to correct all the wrongs that had occurred in her application.

The Administrative Appeals Tribunal, differently constituted, then allowed the review.

The applicants appeared before The Administrative Appeals Tribunal (AAT) on 24 August 2021 and 14 September 2021 to give evidence and present arguments. Here Stephens & Tozer was successful again.  The Client, with a good and experienced team acting for her, finally became successful.

AAT Hearing

The Administrative Appeals Tribunal (AAT) is where you have a second chance to present your case and have a decision overturned.  This is paramount to any refusal. 

Having a good lawyer represent you is very important because at AAT there is a complete review of your matter. It allows you to resubmit your case and it is a second chance to achieve success.

At the Administrative Appeals Tribunal (AAT), you have the opportunity to provide further information and documents for evidence. The Administrative Appeals Tribunal (AAT) allows consideration of the decision made and to address the shortfalls or to clarify or expand on material or evidence previously provided.

At Stephens & Tozer Solicitors, we have successfully turned many applications with negative outcomes and wrong decisions into success stories at the Administrative Appeals Tribunal (AAT).

Visa Refusal Appeals in Australian Courts and the Administrative Appeals Tribunal

Stephens & Tozer has the experience and expertise in appealing decisions made at The Administrative Appeals Tribunal (AAT). The focus is on jurisdictional errors and aims to repeal the decision with accuracy and detail.

AAT Brisbane

If you need assistance and representation before an Administrative Appeals Tribunal, please don’t hesitate to contact our practice, and we’ll see that your situation is assessed promptly and comprehensively.

Category: All / Migration