Securing Higher Grades Costing Your Pocket? Book Your Assignment at The Lowest Price Now!

Migration Law: Administrative Appeals Tribunal

tag 6 Downloads4 Pages 804 Words tag Add in library Click this icon and make it bookmark in your library to refer it later. GOT IT

Question:

Discuss about the Migration Law for Administrative Appeals Tribunal.

 

Answer:

Introduction

Lily Lee can file appeal in Administrative Appeals Tribunal (AAT), against the decision of cancellation of Visa. In case of refusal or cancellation of Visa appellant can file appeal in AAT, because from 1st July 2015 AAT is the only merit review tribunal which can make a decision. AAT is an independent organization, which review the decision made by government.

AAT does not review all the decisions, for example in case minister personally decide to refuse or cancel the visa under section 501 of the Migration Act 1958, then person cannot file appeal against the decision of minister in AAT[1]. AAT generally review the following decisions:

General Division, this Division Review all the Decisions Relating to:

Matters of character

Matters related to citizenship of appellants.

Matters related to Office of the Migration Agents Registration Authority.

  • Migration and Refugee Division (MRD), this division review all the matters related to refusal and cancellation of migration and refugee visa.
  • Immigration Assessment Authority, it is n independent office within the AAT, this division review the matter related to protection visa decisions.
 

Lily must lodge her appeal within 9 days from the date it is deemed that she is notified of the decision. The amount of time is depending on the way through which notice is received by Lily[2].

Yes Lily can apply for the partner Visa, even if her visitor visa was cancelled but for some particular visa. According to section 48 of Migration Act 1958 any person who is non-citizen in Australia, and whose visa is refused or cancelled can apply for particular visas. In this case, Lily was deporting from Australia within 10 days as per the decision, but she married from Bob who was naïve Australian Chinese, and worked in the same restaurant in which Lily worked. They just got married by simple registry process[3].

They applied for the Visa Partner visa (subclasses 820 and 801). For applying under this visa it is necessary that partners are genuinely in a relationship, and does not married for the getting resident visa in Australia or for any other reason. It is necessary that both the parties give their free consent to the relationship[4].

Yes Lily can file appeal against the decision of DIBP. In this case Lily can file appeal Migration and Refugee Division (MRD or MR Division). Migration and Refugee Division review the decisions made by Department of Immigration and Border Protection for refusal and cancellation of visa. Any decisions which formerly reviewed under Migration Review Tribunal and Refugee Review Tribunal are now reviewed in division of migration and refugee[5].

In this case Lily has 150 calendar days to file an appeal. In this 150 calendar days are counted from the day on which decision was lodged by Department of Immigration and Border Protection, and it shall be 90 days also and 90 days are counted from the day on which decision was constituted[6]. Lily cost fee for $A 1673 for filing appeal under migration law[7].

In this case, while appeal is pending Lily actually become pregnant from the Bob child and at the day of hearing she attends the hearing with her new born baby. Yes this new consideration is relevant and tribunal considers this while making the decision. In case of permanent partner visa (subclasses 100 and 801), visa is not granted to the person less than two years from the date of application. But there are some exceptions to this rule; visa is granted to the person if they have dependent children[8].

 Yes, Lily gets refund of the fees she paid for the appeal. Tribunal refunds the fees in the case when decision is in the favor of the appellant. Tribunal refund 50% of the fees of the full application, if appellant receives decision in his favor. Tribunal also refunds the fees if it found that application is invalid.

 

Bibliography

Websites

Australian Government: DIBM. What if my visa application is refused or my visa is cancelled. Accessed on 17th October 2016. https://www.border.gov.au/Lega/Lega/Form/Immi-FAQs/what-if-my-visa-application-is-refused-or-my-visa-is-cancelled. 

AAT. Time limits. Accessed on 17th October 2016. https://www.aat.gov.au/applying-for-a-review/time-limits. 

Commonwealth Consolidated Acts. Migration Act 1958 - SECT 48. Accessed on 17th October 2016. https://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s48.html. 

Australian Government: DIBM. Partner visa (subclasses 820 and 801). Accessed on 17th October 2016. https://www.border.gov.au/Trav/Visa-1/801-. 

AAT. Migration and Refugee Division. Accessed on 17th October 2016. https://www.aat.gov.au/migration-and-refugee-division. 

AAT. Time Standards. Accessed on 17th October 2016. https://www.aat.gov.au/migration-and-refugee-division/applying-for-a-review/time-standards. 

AAT. How much will it cost. Accessed on 17th October 2016. https://www.aat.gov.au/migration-and-refugee-division/steps-in-a-review/how-much-will-it-cost. 

Australian Government: DIBM. Partner Migration. Accessed on 17th October 2016. https://www.border.gov.au/FormsAndDocuments/Documents/1127.pdf.

OR

Cite This Work

To export a reference to this article please select a referencing stye below:

My Assignment Help. (2018). Migration Law: Administrative Appeals Tribunal . Retrieved from https://myassignmenthelp.com/free-samples/migration-law-administrative-appeals-tribunal.

"Migration Law: Administrative Appeals Tribunal ." My Assignment Help, 2018, https://myassignmenthelp.com/free-samples/migration-law-administrative-appeals-tribunal.

My Assignment Help (2018) Migration Law: Administrative Appeals Tribunal [Online]. Available from: https://myassignmenthelp.com/free-samples/migration-law-administrative-appeals-tribunal
[Accessed 11 December 2019].

My Assignment Help. 'Migration Law: Administrative Appeals Tribunal ' (My Assignment Help, 2018) <https://myassignmenthelp.com/free-samples/migration-law-administrative-appeals-tribunal> accessed 11 December 2019.

My Assignment Help. Migration Law: Administrative Appeals Tribunal [Internet]. My Assignment Help. 2018 [cited 11 December 2019]. Available from: https://myassignmenthelp.com/free-samples/migration-law-administrative-appeals-tribunal.


MyAssignmenthelp.com is widely acknowledged for providing affordable essay help among students in Australia. Being a cheap essay assistance service, we provide additional offers and discounts on each order. However, students don't need to worry about the quality of the paper because writers always write each paper from scratch while including all relevant research. Some of our popular services include English essay help, math essay help, marketing essay help, etc. So quit thinking 'who can help with my essay' and place an order with us.

Latest Migration Law Samples

LML6005 Visa Compliance And Cancellation12

Download : 0 | Pages : 4
  • Course Code: LML6005
  • University: Victoria University
  • Country: Australia

Answer: The issue here is to determine the legislative power or authority Narelle Patel’s Visitor Visa (Class FA) subclass 600 with conditions (8101 and 8201) would be cancelled for a breach of conditions. The provisions of the Migration Act, 1958 within Australia, deal with visa cancellation and all other visa related issues. As per the provisions of Section 116 of the Migration Act, 1958 an individual’s visa may be cancelled if ...

Read More arrow

LML6001 Practitioner Legal Skills For Australian Migration Law

Download : 0 | Pages : 4
  • Course Code: LML6001
  • University: Victoria University
  • Country: Australia

Answer: Introduction In the case of R v Gowda; R v Mashru [2018] QCA 31, the issue that needs to be addressed is related to the rules of the section 240 of the Migration Act 1958 (Cth). In the above-mentioned case, the appellants have been convicted to violate the section. The fault is in relation to those people who arranges marriage among the two person to provide help to one of them who is in need of the permanent residency in Australia. ...

Read More arrow

LML6003-Visa System In Australia

Download : 0 | Pages : 5
  • Course Code: LML6003
  • University: Victoria University
  • Country: Australia

Answer: Re: Advice Concerning your Visa requirements and further eligibility I hope this letter finds you well. I am writing to you about an inquiry you made about the current Visa Subclass 600 you as well as a possible application for a different Visa which will allow you to stay further here in Australia. According to the Visa you have, two conditions (8101 and 8201) have been imposed on it. I will start by explaining what these conditions me...

Read More arrow

LML6005-Visa Compliance And Cancellation-Case Study

Download : 0 | Pages : 10
  • Course Code: LML6005
  • University: Victoria University
  • Country: Australia

Answer: Case Scenario Abdul Ahmed has been successfully involved in infrastructure business in Malaysia for past 40 years and he takes projects from Malaysian government as well as from local governments. His daughters are Australian citizens as they were sponsored to Australia by an accounting company. One of his grandchildren named Heather whose age was 7 years, has been diagnosed with severe Down Syndrome. As Heather is very close to Abdul...

Read More arrow

LML6005 Visa Compliance And Cancellation1

Download : 0 | Pages : 3
  • Course Code: LML6005
  • University: Victoria University
  • Country: Australia

Answer: Introduction Under the given set of circumstances the issue is to determine the cancellation power under which Narelle Patel’s Visitor Visa (Class FA) subclass 600 with conditions 8101 and 8201 can be cancelled. Rule Immigration law in the jurisdiction of Australia is governed and defined under the Migration Act, 1958. This act prescribes for the power to grant visas and the power to cancel visas. Section 116 of the Migration ...

Read More arrow
Next
watch

Save Time & improve Grades

Just share your requirements and get customized solutions on time.

question
We will use e-mail only for:

arrow Communication regarding your orders

arrow To send you invoices, and other billing info

arrow To provide you with information of offers and other benefits

1,160,757

Orders

4.9/5

Overall Rating

5,050

Experts

Our Amazing Features

delivery

On Time Delivery

Our writers make sure that all orders are submitted, prior to the deadline.

work

Plagiarism Free Work

Using reliable plagiarism detection software, Turnitin.com.We only provide customized 100 percent original papers.

time

24 X 7 Live Help

Feel free to contact our assignment writing services any time via phone, email or live chat.

subject

Services For All Subjects

Our writers can provide you professional writing assistance on any subject at any level.

price

Best Price Guarantee

Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.

Our Experts

Assignment writing guide
student rating student rating student rating student rating student rating 5/5

203 Order Completed

97% Response Time

Richard Alpert

PhD in Psychology

London, United Kingdom

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

647 Order Completed

98% Response Time

Adlina Han

Masters in Marketing with Specialization in Branding

Singapore, Singapore

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

755 Order Completed

95% Response Time

Douglas Cowley

Masters in Finance with Specialization in Audit

Wellington, New Zealand

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

1692 Order Completed

98% Response Time

Alfred Dodd

PhD in Computer and Information Science with specialization in Database

Wellington, New Zealand

Hire Me

FREE Tools

plagiarism

Plagiarism Checker

Get all your documents checked for plagiarism or duplicacy with us.

essay

Essay Typer

Get different kinds of essays typed in minutes with clicks.

edit

GPA Calculator

Calculate your semester grades and cumulative GPa with our GPA Calculator.

referencing

Chemical Equation Balancer

Balance any chemical equation in minutes just by entering the formula.

calculator

Word Counter & Page Calculator

Calculate the number of words and number of pages of all your academic documents.

Refer Just 5 Friends to Earn More than $2000

Check your estimated earning as per your ability

1

1

1

Your Approx Earning

Live Review

Our Mission Client Satisfaction

THIS ASSIGNMENT WAS GOOD AND I GOT THE MAKE 66% OUT OF ONE HUNDRED. HOPE NEXT ASSSIGMENT WILL GET MORE

flag

User Id: 195464 - 10 Dec 2019

Australia

student rating student rating student rating student rating student rating

Quality formatting now, and easy to understand the values being added to balance and adjusted ledgers.

flag

User Id: 350523 - 10 Dec 2019

Australia

student rating student rating student rating student rating student rating

Great Job, Great Job, Great Job, No Plagio, Very Professional, I recommended. Great Job, Great Job

flag

User Id: 354366 - 10 Dec 2019

Australia

student rating student rating student rating student rating student rating

Hi thank you for helping out with mi assignment the content is good but after but the plagiarism is too high. Then among the internet sources there is ur site appearing.This then defeat s the purpose of using you guys as if the assignment can be tra...

flag

User Id: 257832 - 10 Dec 2019

Australia

student rating student rating student rating student rating student rating
Have any Query?