When an applicant makes an application from within Australia and their visa is either refused or cancelled, they are given an opportunity for a "Merits Review" of their case at the Administrative Appeals Tribunal (AAT). Merits Review allows for the reconsideration of the case. The AAT re-examines the facts of the original decision and allows for new evidences to be provided, to check if the requirements of law can be met by the applicant. Effectively, this is another opportunity for the applicant to get their visa.
Where there are Australian or permanent resident sponsors for a visa, they may be given the opportunity for AAT review for the visa refusal of the applicant.
There are strict time frames within which the AAT review application needs to be made. This time frame cannot be extended.
At Australia NZ Migration Centre, we have assisted with a number of appeals at the AAT tribunal for many visa subclasses. We can provide you with a clear view of your options and the best way to proceed.
We assist with Partner visa complex matters such as Schedule 3 criterion affecting applicants while applying for an onshore partner visa from within Australia. Schedule 3 could apply to those applicants who are onshore but do not hold a substantive visa of Australia at the time of lodging the partner visa application. When Schedule 3 applies, the stipulated criteria from Schedule 3 needs to be satisfied for the grant of the visa. In case the applicant is unable to satisfy this, the applicant must then satisfy the minister that there are compelling reasons for not applying those criteria.
When a schedule 3 is enlivened, it makes the partner visa matter complex as this needs to be satisfied in addition to satisfying the other relationship requirements of the partner visa.
We have assisted clients with schedule 3 matters and will be able to provide you the best assistance we can by considering your overall circumstances.
PIC 4020 is enlivened when the case officer is convinced or believes that bogus documents or false or misleading information is given to the department with the application. The application is then refused on this basis. Prior to making a decision on this matter, the applicant is provided with a Natural Justice letter and a time frame within which to put forward his/her explanation as to why their visa should not be refused, and related clarifications.
Having a PIC 4020 refusal could mean that you may not be granted another visa for at least 3 years (10 years if your bogus document or false information relates to your identity). This could be a huge blow for a person's dreams of living in Australia. The blackmark that you attain as a result of a refusal under PIC 4020 could mean that it may be very difficult for you to obtain visas from other countries as well, such as New Zealand.
We have successfully assisted many applicants whose visas were refused or cancelled on grounds of PIC 4020, but who did not deserve such refusal or cancellation.
Health or Character requirements could be complex and have to be addressed carefully. They also require specific criteria to be met. We assist with health or character waivers submissions.
If your refused visa application does not get a favourable outcome after being reviewed by the AAT, and if you feel that your case is still worthy of consideration on compelling, compassionate or exceptional grounds, you may be able to seek Ministerial Intervention.
The Minister's guidelines provide the circumstances in which a case can be referred to the Minister. The guidelines of the Minister specify certain unique or exceptional circumstances in which a case could be referred for consideration by the Minister. However, the Minister is not obliged to intervene in a case.
A vital part of Ministerial intervention is an effective submission that demonstrates the compelling reasons why the Minister should intervene in your matter. We will assist you with an effective submission highlighting how your specific circumstances are unique, exceptional and compelling for the minister to intervene and grant you a visa.