Recently I was retained to appear at the Administrative Appeals Tribunal (AAT) to represent a young woman who had had her visa refused.
If you or anyone you know has a matter before the AAT you may wish to read this:
It was a very interesting case: a child visa refusal appeal. Given the child was in her twenties – well over 18 years of age – and it is commonly assumed that childhood ends at 18 years – however that is not the law.
So the case turned on an interesting point of law – what is a child?
I spend a great deal of time explaining that at heart the concept of what is a child and when childhood ends is inextricably bound to the concept of emancipation. That is childhood is a state of mind and turned on its individual facts as they present.
After much argument on points of evidentiary law and ancient precedent – and a truck load of documents – the member agreed with my submission: that is, being a child is not really an age but rather a state of mind. And that state of mind is to be “discovered” based on the individual circumstances that will be adjudged on a case by case basis.
So if you or anyone you know has had a visa refused or cancelled talk to us! Remember TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: Master Migration Lawyer.
Book an initial 30 minute consultation for a flat fixed fee of $200 for the initial 30 minutes to discuss your issue with a Master Migration Lawyer and to see if you qualify for a “ABG Coronavirus Grant” and thereby be eligible for significant savings.
Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
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
