The Role of Administrative Appeals Tribunal in Visa Refusals or Cancellations

I must say I admire people who have the courage to change their whereabouts abroad. I have friends from abroad who’ve made that bold decision and moved here, to the Land Down Under, either because of work, school, or to be with the love of their lives. It’s really dreamy in one point of view, building up a life of yourself, making your dreams come true, conquering challenges every day, but from the other, more realistic point of view, it’s quite the challenge.

Truth be told, they are faced with an initial challenge when applying for a visa, as that waiting process can be quite costly, and overwhelming, and that’s also where part of my admiration stems from, they all have that inexhaustible patience.

After recently sharing a good friend of mine’s state of fear about her possible visa refusal or cancellation, I felt inspired to dedicate this article to everyone faced with this sort of situation. As soon as you get acquainted with visas, you have to get acquainted with the Administrative Appeals Tribunal (AAT), and their Migration & Refugee Division as they have the last word when applying for the visa review upon refusal or cancellation. Though, if the Minister himself makes that decision, the AAT can’t look into it.

After my friend made the initial mistake of handling this process as DIY, I can say with certainty, it’s advisable to seek the help of professional MARA certified agents whether it’s for the first step – deciding on the adequate visa, getting application paperwork done, submitting that paperwork, or the last step – applying for a review. They know all the laws, and regulations, always updated, and can save you more money eventually than you’d be able to save taking matters into your hands.

The Administrative Appeals Tribunal (AAT) is an independent organisation and was allowed since July 2015 to review government decisions that are done under the laws of the Commonwealth, and though it’s the Department of Immigration and Border Protection that make the visa decision, it’s the AAT that review that decision in case of refusal or cancellation, followed by the Minister’s consideration of the case.

Once your visa has been denied, it’s important not to waste time, and act as fast as you can, because there is a prescribed time period and fresh appeals are the ones taken into account. This is something MARA agents are well aware of and can guide you through the process.

Since every case is unique of its own, there are many factors that have their influence, like applying for the visa, or the appeal, away or within Australia, where you’re waiting for the merits review (outside of or in Australia), so the more your MARA agent knows, the more they can be able to help. Sure, the number of people being denied their Australian visas has risen considerably over the years, but that doesn’t mean you shouldn’t try; instead be encouraged to try well prepared.

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