Other

  • Visitor visa 600

The Tourist stream is for people travelling to Australia for a holiday, recreation or to visit family and friends and for other purposes not related to business or medical treatment; Business stream and Family sponsor stream is for people travelling to Australia for a business trip or sponsor by the relative in Australia

  •  Student Visa and Extension

You may wish to continue studying in Australia – in this case, you would apply for a further student subclass 500 visa whilst in Australia.

  • Family Migration

Visa Options

Australian residents, Australian permanent residents and NZ residents can sponsor close family members for permanent residence or migration to Australia.

Australian citizens and permanent residents can sponsor partners for migration to Australia. To sponsor a partner, you must either be married, in a defacto relationship, have a registered relationship or be engaged.

Parents with at least half their children living permanently in Australia may be eligible for a parent visa which gives them permanent residence in Australia. Parents over a certain age may be eligible to apply for an onshore ‘aged parent’ visa which allows them to remain in Australia on a bridging visa during processing.

Parents with Australian citizen or permanent resident children may be eligible for longer-stay visitor visas – this can be a low-cost alternative to parent visas.

Remaining relative visas require you to have all of your close relatives living lawfully and permanently in Australia. You would need to be sponsored by a relative who is a settled permanent resident or citizen

Carer visas allow Australian citizens and permanent residents with a medical condition or disability to sponsor a relative to live in Australia to take care of them

This option is for people aged 55 or over looking to retire in Australia. Significant assets and income must be shown, and investment in Australian state or territory bonds is also required.

AAT/MRT/RRT Appeals

If you have had a visa application refused or if you have had your visa cancelled, you may be able to appeal this decision to the AAT (Administrative Appeals Tribunal). Below is some information on how the appeals process works.

What is the AAT?

The Administrative Appeals Tribunal (AAT) is the merits review body for most administrative decisions by the Federal Government.

In the Migration Division, the AAT operates as a non-adversarial tribunal to review decisions by the Department of Immigration. This means that you can be represented by a Migration Agent, but that there is no representing counsel on the Department of Immigration side. Decisions are made by a tribunal Member who will review the Department of Immigration’s decision and the facts of your situation.

Limited Timeframe for Appeal to the AAT

In general, you must lodge your appeal to the AAT within 21 days. However, the timeframe can vary depending on the type of decision and the method by which you were notified of the decision. If the appeal is not lodged within this timeframe, you would in general lose your right to review.

Merits Review of a Decision by the AAT

When appealing to the AAT, a new decision is made on the facts of your case. This means that the AAT “stands in the shoes” of the Department of Immigration, and makes a new decision.

Any relevant facts can be taken into consideration – and you do have the opportunity to present new evidence to the Tribunal.

Importantly, this may be your only opportunity for merits review – ie to have the facts of your situation reconsidered. It is possible to appeal after a negative AAT decision to the Federal Court, but a Federal Court appeal would only be successful if there was an error in the way the law was applied in your case (legal error).

AAT Hearings

When you appeal to the AAT, you have the right to have a hearing. Hearings are generally conducted face-to-face with the AAT Member who will make a decision on your appeal.

At the hearing, you have the opportunity to give evidence verbally to support your case, and you can also call witnesses to give evidence. The Member will generally take the opportunity to ask questions to clarify the facts in your situation.

The hearing can make all the difference between success and failure in your appeal. It is very important to be thoroughly prepared for the hearing and in particular to anticipate possible questions which may be asked by the Member.

For a free consultation call lawyers on (02) 9267 9757 or 9283 0741.