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Christopher Levingston Blog

Australian Immigration Law blog

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If a matter is remitted to the AAT by the Court is it ok for the same tribunal to deal with the case on remittal?

This is hot off the press...http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/1997/1997fca0809

As a general rule where an applicant is successful at the FCC or Federal Court and the matter is remitted back to the AAT for reconsideration then the same member should not hear the matter again.

This is a perfectly reasonable conclusion and you should insist on  in every case. 

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Comments

  • Guest
    me Friday, 10 January 2020

    if a bridging visa e was cancelled under sec 116 and person in detention center however he wins his mrt matter where the case is remitted to immigration - does the bridging visa get reinstated?

  • Guest
    Christopher Levingston Sunday, 12 January 2020

    Yes and the client is released from detention

  • Guest
    EMMANUEL Wednesday, 26 July 2023

    Same matter, How long it take to AAT to decide and remitted to home affair , immigration, citizenship to get the PR?

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Guest Friday, 22 November 2024
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