As many readers of this “blog” will know I do many Administrative Appeals Tribunal (AAT) cases. Today I wish to write about an important win and about the process of the AAT appeal.
The case at hand: I was by a client whose 189 Skilled visa had been refused and his case was currently before the Tribunal and an hearing had been scheduled – so time was of the essence. The applicant was a brilliant Phd who has discovered a very novel and important property solar panels which is very significant for renewable energy. So he is a leader in STEM an area the Government are heavily promoting. (Yet because the department are limited to box ticking the decision maker did not comprehend the profound circumstances they were dealing with – and rejected the application out of hand)
But before I get distracted, we will leave it at the visa applicant is a significant identity in the solar renewable cutting edge Science and technology – so of course the department would reject his application!
I wish to return to the appeal process. In the broad there are two sections of an AAT appeal:
- On the Papers. This is where the legal grounds and evidence are presented. It is an import opportunity, for not only the case to be well put but also for the client financial position, because here is a great chance to put your clients case and advocacy is extremely important – and a win here will save the client a great deal of money – not to mention stress.
- A hearing. If you are unsuccessful on the papers the member will ask you to attend a hearing.
This case was won on the Papers – the client was ecstatic about the win and very happy to save so much money!
As I said the decision maker didn’t understand the sciences and in his confusion could not reconcile that the work being done at such a high level the work of a scientist and that of an engineer merged.
And it was this merger that I was able to clarify and basically simplify so that the Member could understand that the applicants history in both engineering and pure abstract science were on this occasion “closely related nominations”.
Hence we won the case on the papers – so the client was spared the anxiety of going to court and also saved a great deal of money.
(In the decision the Member paid me a compliment by basically using my submission to the AAT as the basis of the members decision and I was named and acknowledged.)
So if you or anyone you know is thinking of applying for a visa or has a refused talk to us.
Book an initial 30 minute consultation for a flat fixed fee for the initial 30 minutes to discuss your issue with a Master Migration Lawyer
Call 03 9614 0218 or email to make an initial 30 minute consultation at our Melbourne office. (conditions apply)
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page