Over the past few weeks we have had multiple visa refusalssuccessfully overturned on appeal at the AAT. These include Subclass 485, Subclass 600 visitor visas and Subclass 500 student visas, as well as a long-pending Subclass 187.

Of course,every reversal takes tremendous effort — submissions of several thousand words and hundreds of pages of supporting documents are the norm— along with close cooperation from our clients throughout.

Today we want to share a particularly heartwarming and unexpected win.

One Small Error — Enough to Refuse a Visa and Cause Lasting Headaches

This win involved a visitor visa. The case itself was not especially complicated, but the member’s empathetic approach left a deep impression on us and reminded us that, beyond the stress and pressure of this work, there is real satisfaction and fulfilment.

Our client was an elderly gentleman from Shanghai,who had previously attempted to renew his visitor visa himself but was unable to lodge in time because a BPay payment was delayed. He then applied again by paper,but because of hisoverstay history, he was unable to satisfy PIC 3004 and the application was refused.

The threshold for a PIC 3004 waiver is very high —you need to demonstrate that circumstances beyond your control prevented you from lodging your renewal application on time.

Our earlier post, ‘Always Verify Before Acting on Advice from the Department,’ was based on his experience (see image below).

Giving the Appeal Our Best Shot — While Preparing for the Worst

The gentleman and his wife had been living in Australia to be close to their daughter and grandchildren,and the gentleman suffers from an eye condition that means he requires his wife’s assistance when travellingHis wife’s application had been lodged and paid one day earlier, so hers had been granted successfully.But if the gentleman’s appeal failed, he would have to leave Australia within 35 days.Under those circumstances,even if a flight could be arranged, the gentleman travelling alone would face enormous difficulties.

After taking on the matter, we did everything we could to prepare the documents. In our submission we set out the gentleman’s current situation in detail,and even added a request at the end: if the member upheld the refusal,could consideration be given to the practical circumstances,and the decision delayed slightlyto allow the gentleman time to book flights and put his affairs in order.

Even so, we still asked the gentleman and his daughter to prepare themselves mentally, because AAT members are required to decide on the basis of law,and on the facts it seemed difficult to argue that any uncontrollable factor had prevented timely lodgement.

At the start of the hearing, the member — as we had expected — pointed out that BPay’s own instructions clearly state: if your visa expires within three days, do not use this payment method. The reminder was also printed clearly on the invoice.

At that point, things appeared to be going against us.

Then Everything Changed

Then, unexpectedly, everything changed. In the subsequent factual discussion,the gentleman mentioned his eye condition,and the member did not simply move past it. Instead, the member dug deeper and asked probing questions from the applicant’s perspective:

Then, right there in the hearing room, the case turned around completely —the member delivered an oral decision in the applicant’s favour on the spot:

Because of his eye condition, the applicant did not have full control over the entire application process — the responsibility did not lie solely with him,and therefore the applicant satisfies the relevant provisions of PIC 3004, and the Department should reconsider the application.

This decision made both our client and us extremely happy, and gave us a much deeper appreciation of how the law can reflect human compassion.

Within the scope of the rights the law confers, the member took the time to thoroughly understand the facts and, on the basis of those facts, proactively helped us identify where the applicant had a legal foundation — allowing him to lawfully satisfy the visa requirements and continue to reunite with his family in Australia.

At the close of the hearing, the gentleman’s whole family expressed their gratitude to the member, and we also thanked the member for the thorough examination of the facts and the genuine consideration given to the applicant’s personal circumstances.

Although this visitor visa case was not particularly complex in itself, as someone who was involved throughout, witnessing the best of human kindness and helping our client achieve the outcome they had hoped for was deeply rewarding.

For instance, just a few days ago,one of our Subclass 485 appeals was won, and from lodgement to decision it took roughly one month. Visitor visa and student visa appeals are also generally being decided within a few months.

A number of Subclass 500 student visa appeals have also been successful recently.

However, processing times for skilled migration, partner migration, and employer-sponsored visa appeals remain slow.

For example, one recent decision,a Subclass 187 Regional Sponsored Migration Scheme employer-sponsored appeal, took three years and one month to reach a decision!

The Subclass 187 category has now been replaced by the Subclass 494. In this particular case, the client’s employer had handled the nomination themselves, and the client had only engaged us for the visa application. Due to the employer’s oversight, the supplementary documents period was missed, resulting in the nomination being refused — leaving no option but to appeal the nomination. Because the nomination was refused, the Subclass 187 visa could not be granted either, so both applications had to be appealed simultaneously.

After three years and one month, we were notified last month to provide pre-hearing supplementary material.We prepared and submitted nearly 400 pages of submission and supporting evidence.

The Department, just over a month later, made a direct decision (set aside a decision and substitute a new decision) and approved the employer nomination.

For those currently with appeals pending, it is essential to be well-prepared for the changing processing landscape at the AAT. If you are thoroughly prepared, there is every chance of achieving the outcome we described at the outset — a direct win!

If you need help with an appeal, feel free to message us directly!

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