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COMPLEX CASES

Complex Case Servicess (Protection Visas and MRT / AAT)

In the unfortunate circumstance that you or someone you know has a visa refused or cancelled, Global Enterprises Group is able to help by preparing an application to the Migration Review Tribunal (MRT) or Administrative Appeals Tribunal (AAT) for you or on that person’s behalf. This is very often a client’s last option in order to remain in Australia. The MRT conducts merit reviews of visas and visa-related decisions made by the Australian Department of Immigration and Border Protection (DIBP). The MRT has the power to affirm the decision made by the DIBP, vary the decision, set aside the decision and substitute a new decision, or return the matter to the DIBP for reconsideration with specific directions.

The Process

At Global Enterprises Group, we help and provide advice for MRT / AAT applications from the moment of cancellation or refusal, all the way through to the tribunal hearing itself. After taking on a case and learning all of the circumstances around the application, our highly skilled Migration Consultants then research any similar cases that have already come across the MRT and compare them with the case at hand. This can often be a timely process involving hours of legal research. After analysing the relevant case law and equivalent decisions, our Consultants then prepare a submission on our client’s behalf that we believe has the greatest chance of success. After lodging the submission, the application itself and Freedom of Information requests when required, our Consultants stay with the matter and continue to lodge additional submissions in support of the case as new evidence becomes available. Our Consultants are there for our clients every step of the way to assist during this application process.

Processing Times

The MRT is notoriously backlogged with applications. Depending on the visa, the wait for a Tribunal hearing may take anywhere between 6 months to two years. In most cases during this time, clients awaiting review will be waiting onshore on a bridging visa. The AAT traditionally has faster processing times.

Tribunal Appearance

Applicants when appearing before the Tribunal have a right to a translator. During the Tribunal hearings applicants must come and represent themselves and have no right to be represented by a migration agent or a lawyer. Migration agents can be present for the proceedings but cannot speak unless spoken to. The process varies in AAT hearings.