Michael Dooley (178997)
Feb 9, 20182 min
Updated: Feb 11, 2020
Nobody Likes A Refusal
In general, applicants can make a good job when applying for their partner Visa in Australia. There is lots of information out there about the visa process but sometimes it can be difficult to digest. To risk a visa refusal on your partner visa application is not a good idea; nobody likes a refusal. In some instances visa refusal may be due lack of understanding of migration law or the migration regulations. It is easy and often difficult to understand exactly what is required. Lately the department have become more stringent on what evidence is and is not acceptable for defacto or spouse partner visa applications.
Partner Visa Which Can Be Reviewed At The AAT:
Subclass 820 Visa Refusal - Onshore Temporary Visa
Subclass 801 Visa Refusal - Onshore Permanent Visa
Subclass 309 Visa Refusal - Offshore Temporary Visa
Subclass 100 Visa Refusal - Offshore Permanent Visa
Subclass 300 Visa Refusal - Offshore Prospective Marriage Visa
Who Reviews My Partner Visa Refusal?
The Administrative Appeals Tribunal (AAT) is a Government Board responsible for reviewing decisions made by the Australian government. The Migration and Refugee Division (MRD) division under the AAT reviews visa decisions made by the now Department of Home Affairs (DoHA). This is where you need to go to have your partner visa refusal, reviewed; this is also called merits review.
When an application is submitted for review and a subsequent appeal is lodged following a partner visa refusal, the AAT conducts an administrative review of the case based on the merits of the case. A merits review body makes decisions within the same legislative framework as the primary decision (DoHA) maker and may exercise all the powers and discretions conferred on the primary decision maker.
AAT has the power to:
Affirm (not change) The Primary Decision
Vary (change) The primary Decision
Set Aside The Primary Decision & Substitute A New Decision
Remit (return) The Original Decision to DoHA For Reconsideration
There are specific time limits as to when an application for merits review may be lodged - DO not miss this deadline as it cannot be extended. Timing is a critical factor as appeal options often have strict deadlines.
A positive outcome from AAT depends upon various parameters including a careful analysis of the original visa application, supporting documents, decision record from DOHA and extensive legal research in order to submit stronger evidence than before to address the issues highlighted in the decision.
Book a FREE 15 Minute Consultation Today & Find Out Your Partner Visa Options To Appeal. Ask A Qualified & Experienced Migration Agent.
Tel: (02) 8011 4922 (Australia)
Or + 61 455 295 988 (International)
Michael Dooley | Registered Migration Agent | MARN 1789997