How to be successful in migration appeals
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Appealing a migration decision is a stressful process, as any adverse result would cost (potentially forever) your future opportunities to return to Australia. A reliable and competent legal team is essential for your successful appeal. Below are some basic things to take note if you would like to be successful with your migration appeal.
Appeal needs to be resolved at the AAT
As we have explained in another article, only the AAT has the right to make a decision on whether or not the visa should be granted, or if the visa should be cancelled. Once the AAT had made its decision, the only appeal channel is the law courts, which do not in fact decide on your visa issues – instead, they decide on whether the Department of Home Affairs and/or the AAT had conducted the migration laws correctly from a procedural and jurisdictional point of view. This means that the risk of failure is not only high, but unpredictable. Therefore and if you intention is to salvage your visa, it needs to be resolved at the AAT.
Once an appeal had been lodged with the AAT, the applicant has anywhere between 11 to 15 months to prepare for his hearing. You should utilise this time to prepare the evidence and materials necessary for the hearing, as the process of evidence preparation is extremely complex, important and time-consuming.
Prepare for your hearing with a competent migration lawyer
As previously discussed, having a competent migration lawyer is extremely important for your success. Further, if preparation is commenced at an early stage and in accordance with our instruction, we are able to guarantee your success. Brightstone Legal always take a preemptive approach in guiding you and preparing you for your case at a very early stage, and has thus far generated a large number of successful cases.
What is your long-term goal?
Finally, it is also important to review your long-term goal in appealing a migration decision. It is not everyone’s eng-game to have a successful appeal, as the appeal process may also open up other opportunities.
If you have any appeal-related enquiries, please contact us using the information below to book a consultation with our migration lawyers.