A Key To Making Sure Your Client Is Treated Fairly: Section 359A
Is there any way to challenge an unfavourable decision by the Administrative Appeals Tribunal?
This is a question that RMAs must often consider. It is a common occurrence that an application for merits review will not be successful before the Tribunal. And it may seem, both to the client and to the RMA who is assisting the client, that the Tribunal’s decision has been unfair or has incorrectly arrived at the “wrong” result.
This may be especially true in cases where one of the criteria for the grant of the visa is to establish that the applicant would be a “genuine temporary entrant” to Australia – for instance, visitors and student visas. The RMA may believe, based on discussions with the client, that it is indeed the client’s true and sincerely held intention only to stay in Australia for a short period of time and then to return to her/his home country. But the Department and the Tribunal may come to a completely different conclusion. The visa application may be refused in the first instance by the Department, and the refusal may be affirmed by the Tribunal.
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