Successful Partner Visa Case at the AAT Without a Hearing

The Administration Appeals Tribunal (AAT) is an independent body who can review a decision made by the Department (e.g. a visa refusal or cancellation). In simple terms, if you decide to appeal, the AAT will take another look at your case and decide whether the Department’s decision can be changed.

How Does The AAT Work?

00.-AAT-approved-without-a-hearingOnce the application is submitted to the Tribunal, the Tribunal will request the Department to send them a copy of your application and all supporting documents you had submitted for your visa application. They will then assess your application to see whether the Department had made the right decision.

For those who are not aware, a typical process of the AAT review is as follow:

  1. Application: lodge the AAT review application;
  2. Submission: provide supporting evidence and legal submission;
  3. Allocation: Case allocation to a Member of the AAT, there may be a request for further information;
  4. Invitation & Attendance: invite you to attend a hearing
  • whether in person, by telephone or video call, to give oral evidence and present arguments
  • nominate other persons who could give evidence e.g. a Migration Agent
  • suggest other evidence or materials the AAT might obtain
  1. Further Submission: Post-hearing submission before a decision, if required;
  2. Decision: Decision will be received by the AAT containing the outcome and a statement of decision

When Was The Partner Visa Lodged and Why Was It Refused?

The client lodged their Partner visa in 2013 and their Partner visa was refused by the Department mid-2017. The Department refused the application as they were not satisfied that the application continued to be the spouse of the Sponsor.

What Was The Story Behind The Partner Visa Refusal?

The applicant originally came to Australia on a Prospective Marriage visa and later married the Sponsor in late 2012. The Partner visa was lodged shortly after and the application’s temporary Partner visa was granted in mid-2013.

The Department refused the permanent Partner visa in mid-2017 as the client failed to show that they are still married and are in a continuing relationship to meet the criteria of the subclass 801 visa.

What Was The Verdict At The AAT?

The Client engaged our services to represent them at the AAT. During this time, the Tribunal requested for further information on which we provided as evidence that the Client’s relationship is a genuine one.

The evidence includes, for example:

  • travel itineraries,
  • joint invitations,
  • joint financials such has a joint mortgage,
  • statements from friends and family, and
  • proof of children in the relationship.

Based on the information provided, the Tribunal made the decision to “remit” the case back to the Department for reconsideration without a hearing.

We’d like to thank you our client for giving us their trust. We are truly honored to be part of this journey.


How Can Crux Migration Help

We can help guide you through the entire application process and help you prepare all documents, submission and represent you at the Tribunal.  We can represent you from start and until a decision is made on your application.

You can book a consultation with our Immigration Lawyers at AGape Henry Crux (also known as Crux Migration). We can assess your eligibility and tailor your application in accordance with your circumstances.

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