The applicant made an application for a student visa through his migration agent. The visa was refused. A common story.
The Administrative Appeals Tribunal (AAT) has strict rules about how soon after being notified of a decision the applicant has to lodge an appeal. In this case the time limit was 21 days from being notified of the refusal. But confusion ensued as the applicant was not notified – his migration agent was.
The applicant did not understand the rules, his migration agent was away, and the applicant could not afford proper legal advice.
35 days later, he appealed the refusal to the AAT. But it was outside the 21-day period prescribed by law to make an appeal to the AAT.
The Tribunal determined that it did not have jurisdiction in the application for review of the delegate’s decision to refuse the student visa. Many applicants would give in at this point – so would many lawyers.
But Ray Turner did not – he saw an injustice and did not let it pass.
We said that the 21 days should have started from when he was properly notified – not when his agent was notified. The court agreed – notifications, like procedural fairness are not just a ‘tick-a-box’ process they are a real process that genuinely gives people a chance to access merits review through the AAT.
As lawyers, we do not accept injustice but fight it with knowledge, experience, tenacity, and courageous clients who are willing to fight for their Australian dream.
Did the AAT reject your application because you applied out of time? Maybe you were not out of time. Call Ray Turner Immigration Lawyers without delay.
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