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In 2015-16: Over 60,000 visas were cancelled. 18,929 applications for review were made to Administrative Appeal Tribunal (AAT)

INTRODUCTION

Substantial number of visas were refused or cancelled every year.  Not every applicant has a right to appeal, and for those who have a right to appeal, the application MUST be lodged within the time limit specified by the Migration Act.

Here are 4 tips on how to improve your chance of success.

TIP 1 – BE PREPARED

The strategy is simple – prepare, prepare and prepare!

You do not lodge an appeal with just a “hope” that you will succeed.

You need to prepare all relevant and supporting materials for the Tribunal. Be prepared to do the groundwork in putting together your papers and materials.  Be prepared to put in the effort.

TIP 2 – GIVE THE TRIBUNAL WHAT THEY ARE LOOKING FOR

To stand a chance of succeeding, you need to know what the Tribunal is looking for.  You need to give them what they are looking for.  The Tribunal will be looking for:

1. The relevant legal principles that apply to your case;
2. The facts  surrounding your situation;
3. Reliable evidence that can verify the “facts”; and
4. Past cases with similar legal principles and facts.

Begin with knowing the reasons as to why Department of Immigration and Border Protection (DIBP) refused or cancelled your visa.  If you know the reasons, then you will be able to obtain supporting evidence and prepare your submissions to convince the Tribunal that DIBP was wrong in refusing or cancelling your visa.

TIP 3 – OBTAIN RELIABLE EVIDENCE

The Tribunal will want to verify your statements and your “facts”.  The Tribunal wants to know whether you are telling the truth.

You need to take the necessary steps to find, obtain and prepare reliable evidence to support your appeal.

Evidence is more convincing when it is provided by a third person or an independent expert.

TIP 4 – FIND SUCCESSFUL PAST CASES

One of the best ways to convince the Tribunal is to find successful past cases of the Tribunal similar to your situation.  If you are able to draw analogies to your own appeal with the support of this successful past cases, you can substantially improve your chance.

Writer – Kelvin Tang

Kelvin has close to 20 years’ experience practising law in Australia. He is the founder and Principal Partner of Tang Law based in Perth, Western Australia. Kelvin is a Registered Migration Agent (MARN: 1386452) and has extensive experience in providing migration advice to clients, advising on “Eligible Businesses” within the definition of the Migration Regulations, assisting migrants (investor of the business) with satisfying migration requirements, making visa applications and appealing cancelled or refused visas in the Federal Court of Australia, Administrative Appeals Tribunal and Migration Review Tribunal. Kelvin also has extensive experience in civil litigation, commercial and corporate law matters.