Some visa applications being easier to create, people prefer to self- make their application. However, if you are desirous of having a review done for your self-made visa application, our expert team is there to help you so that your chances of getting the visa are bright.

Step 1: Documents needed: We provide you a list of documents that you need to compile and other requirements for a perfect filing of your visa application.

Step 2: With all the documents ready, your visa application process starts with our experts providing an assessment report wherein you are informed if anything needs to be amended. This follows a final review of the visa application and your application is thus ready for submission.

Step 3: Submission of your visa application.

Post the checking of your eligibility for an Australian visa, our team of professionals handle your visa application that starts with preparing the application and passes through stages to the final visa outcome.

When you opt for our Complete visa application service, we will provide you with the following services:

• A list of all the documents needed along with the information that is needed to prepare your application for the relevant visa.
• Inform you regarding the development in your application as it moves from one stage to another.
• Provide you with information on the previous successful applications, and relevant forms and statutory declarations.
• Ensuring a seamless processing of your visa application by liasioning with the Department of Immigration on your behalf.

When you are desirous of a skilled visa, we will get it done in a professional manner. Our skilled team of migration agents will seamlessly manage every aspect of the skills assessment process to ensure that your application gets a right result.

Do not get disheartened when your migration application gets a refusal. You have an option to go for an appeal for this decision with the Administrative Appeals Tribunal. The role of AAT is to provide quasi-judicial review of administrative decisions by the Government of Australia. The decisions made by officers of the Department of Immigration and Border Protection regarding refusal or cancellation of visas is reviewed by Migration and Refugee Division (MRD or MR division).

We review your case and evaluate the reasons for refusal. We support you with all the knowledge needed by you to take a decision, whether you should go for an appeal or not. Our team represents your case at the AAT.

When you are in the need of legal advice for your immigration, we are there to give you the right support. You can have a consultation session with our legal specialist who can review and advice on your case.

We have a competent team of registered migration agents who provide quality advice and representation in cases adjudicated upon by the Federal Court of Australia.

The Federal Circuit Court of Australia can review specific decisions made under the Migration Act 1958. This includes the decisions made by the Minister for Immigration and Border Protection and the Administrative Appeals Tribunal.

An initial free consultation is offered to you from our experts. Just contact us beforehand to discuss your desired visa.

Australian Appeals System: A basic understanding.

Whatever the reason, in case your company nomination or sponsorship, or your visa or sponsorship, or citizenship application has been refused you need not get disheartened. You still have an opportunity to ask for a review of the decision by the Administrative Appeals Tribunal.

Our lawyers can advise on the possibility and eligibility for review and the likelihood of success. They will also suggest you all the options that you have to fulfill your desire.

We will offer you a complete clarity on the costs involved and how long it might take for your visa. We access and prepare documents that help you in the decision-making. On your decision, we then review your application material, assist with your application to the Administrative Appeals Tribunal, and help you prepare for a Tribunal hearing. We appear on your behalf when it is applicable.

A statutory body; the Administrative Appeals Tribunal Act 1975 has established the Administrative Appeals Tribunal. Their work includes conducting de novo independent merits review of administrative action such as decisions on visa applications and visa related matters made by officers of the Department of Immigration and Border Protection.

Tribunal will look at the facts, law and policy relating to the decision; when conducting a review. Thus they arrive at a decision that is legally correct. The Tribunal has all the power to review, set aside, substitute or remit the decisions concerning a visa. While taking decisions, the Tribunal endevours to build confidence while promoting public trust and be just, fair, quick, informal and economical.

There is a clearly stated time limit to make an application to the Administrative Appeals Tribunal. It is usually within 28 days, which is stated in the decision subject of the review after the decision to be reviewed is received.

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As per the Migration Act 1958, the Minister for Immigration and Border Protection has the power to substitute a decision of the Administrative Appeals Tribunal with a decision that goes more in favour of the applicant. The Minister weighs the angle of public interest and takes that decision accordingly.

The various principles by which the Minister is guided and to which gives due consideration are presented below:
(In exercising the powers under the Migration Act 1958)

1.  Exceptional economic, scientific, cultural or other benefit to Australia would result from the visa applicant being permitted to remain in Australia.

2.  The applicant can demonstrate that the length of time he or she has been present in Australia has given rise to a sufficient level of integration into the Australian community.

3.  Strong compassionate circumstances exist and that a failure to recognise them would cause irreparable harm and continuing hardship to an Australian citizen or family unit.

4. Application of the relevant legislation would lead to unfair or unreasonable results in a particular case.

The applicant gets 28 days for ministerial intervention after a decision notification from the Tribunal is received.

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The review of decisions made under made under the Migration Act 1958, by the Minister for Immigration and Border Protection and the Administrative Appeals Tribunal can be done by Federal Circuit Court of Australia.

The Federal Circuit Court determines if there has been any jurisdictional error in the decisions. While the Federal Circuit Court is independent of the decision-makers of the Department of Immigration and Border Protection, it does not decide on visa should be granted to the applicant or not. It does not consider the reasons or facts relating to the visa application or grant a visa. What it does is that it identifies a jurisdictional error and refers the matter back to the decision-maker. Thus it prevents the Minister from taking further steps in conformity with their decision.
A review application is needed to be filed within 35 days of the date of the migration decision. A new visa application can be thus filed.

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There can be circumstances where a migration matter is referred to the Federal Court of Australia.

If the Federal Circuit Court transfers a pending proceeding in relation to the decision to the Federal Court, or the decision is a privative clause decision or a purported privative clause decision of the Administrative Appeals Tribunal, or the decision is a privative clause decision or purported privative clause decision made personally by the Minister, the Federal Court has jurisdiction in relation to the decision under provisions of the Administrative Appeals Tribunal Act 1975. Under the Migration Act 1958, the Federal Court has original jurisdiction in relation to a migration decision.

In case of refusal , cancellation, revocation or suspension of a visa and also situations where there is a failure or refusal to make a decision; the Federal Court may exercise its jurisdiction.

The Federal Court does not do a review of the merits of a migration decision. However, it may determine whether the migration decision has been tainted by jurisdictional error. To quote a few examples of jurisdictional error; there might be an error on part of the decision-maker by ignoring relevant material, identifying a wrong issue, relying on irrelevant material, asking a wrong question, , or erroneously interpreting or applying the law to the facts in a manner that affects the exercise of power.

An application to the Federal Court to review a migration decision has to be made within 35 days of the date of the migration decision. A further visa application may be required.

Our team of professionals are well versed and experienced to provide you the right advice and practical solutions.

Get in touch with SMS immigration today to discuss your solution.