Top questions asked in relation to COVID19- Coronavirus and temporary work visas (Subclass 482 and 457 visa holders)
1. My employer has told me that they can’t afford to keep me on. What…
Having your visa refused on the first occasion by the Department is not necessarily the end of your immigration journey in Australia. There can be other options such as lodging another application (you will need to get legal advice to check if you can or not) and you may also be able to review that decision at the AAT.
There are many reasons why we recommend going to the AAT if the Department refused your visa application:
The Department’s decision refusing your case may have been a wrong decision. The AAT gives you the right to fight your case- I.e. like a second chance. The AAT is a government body with a higher power to review decisions made by the Department and to change/overturn that decision. The AAT is independent from the department and they must reach their own conclusion on your case with a fresh look at all the facts. They will have regard to the department’s decision and may ask you questions about it. They will look at “the merits of the case”, all the facts, laws and policies before arriving to their own decision. Also generally the decision makers are more educated and experienced.
Going to the AAT may allow you (in most cases) to remain in Australia if you are already in Australia on a bridging visa linked to the refused decision.
The AAT may take many months (and even years) before your file is allocated to a tribunal member who will make a decision on your case. During that time you can
You will get a chance to have a hearing to represent your case better at the tribunal, a chance you may not have had at the department. You can also take a lawyer or a migration agent with you to the hearing and they can also help you with written submissions before and after the hearing.
Find other solutions.
During the time the AAT is pending you can seek legal advice to help you find other solutions/visa options.
Written by Marial Lewis