Visa Appeal Specialists Australia

The Best AAT Lawyers Australia has to offer

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Why Choose us?

PROFESSIONAL CREDENTIALS

We are not merely migration agents but a law firm comprising the best immigration lawyers Melbourne has. Our Principal Lawyer, James Bae, represented the Australian Governments as a legal adviser, and has the insightful understanding of accounting and business.

Networks

Some matters require diverse expertise. For example, judicial reviews require barristers and counsels whereas business and investment visas require accountants and business brokers. In certain cases of protection visas, we may need journalists to shed light for coverage. We have the networks to accomplish the results that you deserve.

NO ERRORS

However experienced, knowledgeable or passionate, everyone is prone to human errors. At Visa Plan, we completely eliminate these errors by having two migration lawyers attending to each visa application at all times. We are the only immigration agency in Melbourne and perhaps Australia to implement and enforce this system.

Continuous Learning

We never stop learning and developing our professional capability. As top immigration agents in Melbourne, we acknowledge that Australian immigration law constantly changes and that it is the professional responsibility of every registered migration agent to be aware. We not only actively participate in seminars, but we create learning materials for other migration agencies to learn.

Fixed Fee

We provide you at first with an estimate of our professional fee and disbursements before formal engagement as your immigration lawyer. We do not ask for an additional amount and continue until we deliver the visa advice and service to your satisfaction.

Industry Leaders in Client Service

Simply look online for Google reviews on our firm. All legitimate clients, who have received our service and advice with their visa, highly recommend our registered migration agents and lawyers. This is the objective evidence that shows we are leading the Australian visa service industry with our expert immigration lawyers in Melbourne.

Australian Immigration Services

Specialising in all types of visas and citizenship matters

Visa Appeal Specialists Australia

If you are unhappy with the outcome of your visa application or your existing visa has been cancelled by the Department, it is important to know that this decision is not necessarily final. As part of the justice system, the Australian Government operates an independent and statutory body called the Administrative Appeals Tribunal (or abbreviated as ‘AAT’), whose job it is to review the merits of administrative decisions made by the Department of Home Affairs. This includes decisions concerning Australian visas and AAT lawyers in Melbourne, Perth and Adelaide. At Visa Plan, our team will sit down with you to understand your situation intimately, run a preliminary assessment and lodge an official appeal with the AAT on your behalf to win and give you a second chance to live your Australian dream!

Scope of Our Appeal Services

Merits Review Hearing at the AAT

When you receive an official notice regarding your visa refusal or cancellation from the Department, the notice usually stipulates whether or not their decision is reviewable and who has the right to review, along with detailed reasons for the decision. In certain cases, the only eligible person who can apply for review is the visa applicant or former visa holder, whereas in other cases it can only be the sponsor or a close relative. It may also be the case that the review applicant must be within Australia at the time of decision, or at the time when the application is lodged, or both. ​

The notice also places a time limit by which you have to lodge your visa appeal application with the AAT. Section 29(7) of the AAT Act imposes a strict threshold in allowing extensions for appeal applications to be lodged if ‘reasonable in all circumstances to do so.’ The deadlines must be strictly complied with as the AAT is not conferred jurisdiction to hear matters lodged beyond the permitted time-frames: Beni v Minister for Immigration and Border Protection (2018) FCAFC 228.

Judicial Review - Jurisdictional Error

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A decision by the AAT can be appealed, but your case would be dismissed unless you establish a jurisdictional error in the decision. Jurisdictional error is made when the AAT exercises the power beyond their statutory limit, and the examples include:
  • Identifying a wrong issue.
  • Asking a wrong question.
  • Ignoring relevant material.
  • Relying on irrelevant material; or Incorrect interpretation and/or application to the facts of the applicable law.
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This is called ‘judicial review’ and can only relate to a question of law, distinct from questions of fact. Hence, if your application for judicial review is related to facts, as found by the AAT, your application will most likely be dismissed. Drawing the distinction is often difficult in practice. In Minister intervention for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323, Justices McHugh, Gummow and Hayne commented in the following terms [at paragraph 82]: ​

“It is necessary, however, to understand what is meant by ‘jurisdictional error’ under the general law and the consequences that follow from a decision maker making such an error. As was said in Craig v South Australia (1995) 184 CLR 163, if an administrative tribunal (like the Tribunal) ‘falls into an error of law which causes it to identify a wrong issue, to ask itself a wrong question, to ignore relevant material, to rely on irrelevant material or, at least in some circumstances, to make an erroneous finding or to reach a mistaken conclusion, and the tribunal’s exercise or purported exercise of power is thereby affected, it exceeds its authority or powers’. Such an error of law is a jurisdictional error which will invalidate any order or decision of the tribunal which reflects it. ‘Jurisdictional error’ can thus be seen to embrace a number of different kinds of error, the list of which, in the passage cited is not exhaustive”.

Time Limit for Judicial Review
An application to the Federal Circuit or Federal Courts for review of migration decisions by the AAT must be lodged within 35 days of the date of the decision being handed down. You may apply to to extend the due date, and such application must be accompanied by:

  • A draft originating application; and
  • An affidavit stating the facts on which the application relies and why the application was not filed within time.
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