Appeals/Reviews – AAT/MRT

Emerson Migration Law Expertise

Appeals/Reviews – AAT/MRT

Emerson Migration Law Expertise

Overcome Visa Refusals and Appeals with Emerson Migration Law

Appealing a visa decision can be complex and stressful, requiring swift action to prevent the possibility of having to leave Australia. 

At Emerson Migration Law, we are committed to guiding you through each step with clarity and expertise, ensuring you overcome this challenge swiftly and effectively.

We let our clients do the talking...

Vika Inzunza
Vika Inzunza
Saludos desde Cabo San Lucas estamos muy agradecidos por las atenciones brindadas con nuestro caso realmente fue rapido y seguro. Gracias por las gratas noticias ⭐️⭐️⭐️⭐️⭐️
I cannot express my gratitude enough for Aishwarya and her incredible team at Emerson Migration Law. Aishwarya helped me navigate the intricate process of applying for my permanent residency, and I am thrilled to say that I received it in an astounding three months' time. The level of professionalism and expertise exhibited by Aishwarya and her team not only met but exceeded my highest expectations.From the very beginning of our journey, Aishwarya provided me with expert guidance, unparalleled attention to detail, and a warm, supportive approach that made the immigration process significantly less daunting. Her knowledge of immigration laws and regulations is truly commendable, and it is evident that she and her team are committed to delivering results with the utmost dedication.What sets Aishwarya's practice apart is the comprehensive teamwork that ensures a seamless experience. I would like to extend my heartfelt thanks to Amelia, the legal assistant, whose support and diligence were invaluable throughout the process. Her prompt responses and assistance made the entire journey smoother.I'd also like to acknowledge Ben at the front desk, who handled all my inquiries and ensured that all administrative aspects were managed with precision and efficiency. Their collective effort played a pivotal role in achieving the remarkable three-month turnaround for my permanent residency.Throughout the entire process, I was kept well-informed, and any questions or concerns I had were promptly addressed. Aishwarya's ability to streamline the permanent residency application process was truly remarkable, resulting in a smooth and efficient experience for me.I highly recommend Aishwarya's legal services to anyone seeking assistance with immigration matters. If you are in search of a professional, dedicated, and knowledgeable immigration lawyer, look no further. Aishwarya and her team are simply exceptional. I am incredibly grateful for their support and for helping me achieve my permanent residency status in record time.Thank you, Aishwarya, Amelia, and Ben, and your entire team, for making this life-changing process such a positive and successful experience. I am immensely appreciative of your efforts and expertise.
mel brown
mel brown
just want to thank Aishwarya and the team at Emerson Law for taking me and my wife through the process of my immigration process in to Australia.. made the whole process a lot easier than we ever thought it would be .. would recommend to anyone looking to go through the process .
Phil M
Phil M
Partner visa in 2 months! We used Emerson Migration for our Partner Visa. We had a few consultations with other companies before meeting with Aishwarya. She was by far the most professional, confident, "peace giving" and competent lawyer we spoke to (and a great price!). We also worked closely with Amelia who was our case manager. She was absolutely brilliant - super helpful with our questions and concerns and made the process very smooth. We thought the process could take up to 12 + months but it only took 2 months! We are super grateful for Aishwayra, Amelia and the Emerson team. Much love and thanks!
Chris Telenta
Chris Telenta
My partner started the process, and Covid shook our world. Thanks to the amazing support from EML, and the meticulous attention to detail, my partner is now a permanent resident of Australia. No way would I ever consider trying to do this process myself - get a professional, and make sure they are up to the task. EML definitely meets the requirements!!
Nhi Lam
Nhi Lam
I cannot recommend Emerson enough! I first contacted them in April 2022, but due to some life events, I was only able to submit my partner visa application in February 2023. Throughout that time, and post-application, I always felt supported and cared for. All my questions and concerns were answered, and they always made sure I felt comfortable to ask anything. I truly could not have gone through this experience without them, especially with the numerous stressful life events I have gone through this past year. A special thank you to Aishwarya, Grace and Ben - I am so happy I got you all on my team.
Alex Watson
Alex Watson
I needed to get a visa for my partner to come to Australia. I had done an application myself and the visa was declined. After working with Emerson Law we got the visa approved in one week. Emerson Law were very helpful and professional.
Gilda Nasse
Gilda Nasse
A very good outcome yesterday with my complex visa situation since 2019 it was so complicated that I have doubts and lost my hope about not being able to gain my Australian dream to life living here in Australia with my partner and my Australian kids.I found out about Emerson migration online, in 2021 I trust and have faith, that they are professionally experts and one of the leading migration experts in Brisbane.and they will get me through i engage them with so much of my complicated situation.they help me withdraw my previous visa which I was meant to leave Australia and leave my Australian children behind to apply offshore for new partner visa. Sarv, and Aishwarya helped me in every step of my situation guide and lead me through until the 25/05 /2023 yesterday I received and unexpected shocking news, that brings me tears of joy! my advice to anyone who is looking to migrate to Australia is please trust me and my words I count on Emerson migration because thankfully they help me walk me across the scariest bridge, I would not even be able to make it without them. Sarv, aishwarya, Amelia and Grace and the team so thankfully blessed to have chosen you only 11 months after they have been dealing my complex visa situation yesterday I was double granted. Appreciate you all and Many thanks once again.Gilda Nasse
Kyle Hesselmans
Kyle Hesselmans
Hats off to Emerson Migration Law! I contacted the agency for assistance with my partner visa application. Throughout the process, I felt assured that I was in good hands with their expertise. There was never a point in the application where I felt stressed. Their regular communication through email and the ability to book consultations helped put me at ease. It's been an absolute pleasure being a client of Emerson, I'd recommend them to anyone! A special thank you to Aishwarya, Ben, Amelia, and Grace for being so helpful!

Visa Cancellations and Refusals

There are a variety of reasons for which Visas may be cancelled or refused.

  • Criminal Record, which would result in failing the ‘Character Test’
  • Failure to comply with Visa Conditions
  • Incorrect information or false documents

Unless the decision to refuse or cancel your Visa has been overturned or dealt with in a timely manner, this can lead to removal from Australia. If your Visa has been cancelled or refused, you should get expert advice as soon as you receive a Notice of Intention to cancel your Visa.

Emerson Family Law can assist with appeals to the Administrative Appeals Tribunal (formerly MRT).

What is the process to appeal a visa decision at the Administrative Appeals Tribunal (AAT)?

If the Department of Home Affairs refuses a visa application, except for protection visas, you can request the AAT to review the decision. This process is termed as ‘making an appeal’.

Note: The time limits for appealing are stringent and depend on the decision type and your detention status. These time limits are unexpendable. Always seek legal advice immediately after receiving the decision.

How much does it cost to appeal a general visa decision at the AAT?

In most scenarios, an application fee of $3,000 is required. However, this fee can be reduced by 50% if:

  • The AAT rules in your favour.
  • The AAT determines that paying the full fee would cause, or is likely to cause, severe financial hardship.

If the AAT deems your appeal invalid, the entire fee will be refunded. Withdrawal of your application will only result in a refund in minimal circumstances.

What is the process for appealing a protection visa refusal?

  • Applicants must request the AAT review the refusal decision.
  • Detained applicants have seven days to appeal, while non-detained applicants have 28 days from notification.

These timeframes differ from standard AAT appeal deadlines for other visa types.

Visa cancellations or refusals can be distressing, but understanding the reasons and the appeal process can help navigate the situation. Always ensure you act within the specified time frames and consider seeking professional advice to guide you through the process.

How will I know if my visa has been refused or cancelled?

You will receive a formal notification from the Department of Home Affairs explaining the reasons for the refusal or cancellation.

What is the Administrative Appeals Tribunal (AAT)?

The AAT is an independent body that reviews decisions made by Australian government ministers, departments, and agencies.

Can I provide additional evidence or explain my circumstances during the appeal process?

Yes, during the review process, you’ll have the opportunity to provide additional evidence and explain your situation to the AAT.

How long does the appeal process usually take?

The duration can vary depending on the complexity of the case and the type of visa in question. It’s best to consult with a legal expert or the AAT for specifics.

If any of these apply to you:

  • You want to resolve any uncertainties about your application and achieve peace of mind.
  • You want to clear all hidden costly errors and rest assured that requirements are correctly met.
  • You want to complete your registration easily, quickly, and stress-free.
  • You want to get expert guidance through the entire process, including private access to a network of complementary experts.

Request Your Initial Consultation Here

Our first obligation-free consultation is priced at AUD 330 (approximately USD 210 and EUR 200), inclusive of tax. This fee ensures a comprehensive service, whether we meet in person or through Zoom, and includes any follow-up written advice you require at no extra cost.

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