At Kris Ahn Lawyers, we recently secured a rapid win for clients who had faced two prior visitor visa refusals. After such setbacks, they turned to us for help with a third application. From the very beginning, Kris Ahn knew that without careful legal strategy, their third attempt would also likely face rejection. However, Kris applied a strategic approach that utilised little-known laws to ensure that, even if refused again, the case could be expedited to the Administrative Appeals Tribunal (AAT) for quick review. This led to an incredible turnaround, with a positive decision in just over six weeks.
Kris, the founder and principal lawyer at Kris Ahn Lawyers and an Accredited Specialist Immigration Lawyer, presents this detailed case study on recent immigration cases.
The Challenge: Two Visa Refusals and a Third Application
The clients had already experienced two visa refusals for their Subclass 600 (Visitor) visa applications. Despite having valid reasons for their intended travel, the Department of Home Affairs rejected their visas based on concerns about whether they genuinely intended to stay temporarily in Australia.
During the initial consultation, Kris Ahn honestly advised the clients that a third visitor visa application was also likely to be refused, given the circumstances of their case and past history. However, Kris also knew that there was a key legal pathway that could provide a faster route to success if their application was handled strategically.
Our Strategy: Structuring the Application to Trigger Expedited Review
Kris was aware of regulation 4.23 of the Migration Regulations 1994, which mandates the AAT to expedite the review process for certain visitor visa refusals. This regulation applies when the visa applicant is seeking to visit a close family member in Australia and attend an event of significant family importance, such as a wedding anniversary.
From the outset, we made sure that the third visitor visa application was carefully structured to meet all the necessary elements of r 4.23. The goal was not only to improve the chances of approval but also to trigger the expedited review process if the Department refused the visa again. If this regulation wasn’t applied, the review could have taken up to 16 months—as is typical for many AAT cases (based on processing times as of 31 July 2024). This advanced planning ensured that if the visa was refused, we could quickly escalate the matter.
The Process: From Refusal to Remittance in Six Weeks
The clients’ journey to success was swift, thanks to our strategic planning:
- 5 August 2024: The Department refused the third visitor visa application.
- 8 August 2024: We lodged the AAT application and immediately submitted a request for an expedited review under regulation 4.23.
- 9 September 2024: We received an invitation from the AAT to attend a hearing.
- 18 September 2024: The hearing was held, during which our clients presented their case with thorough preparation.
- 20 September 2024: The AAT decided in our clients’ favour, remitting the case back to the Department for reconsideration, effectively meaning the visa was granted.
Why You Need a Lawyer for the AAT Hearing
This case highlights the importance of legal representation during the AAT process, especially when dealing with visa refusals. Here’s what we did to secure the best possible outcome for our clients:
- Expedited Review Preparation:
From the start, we ensured that the visa application was structured to meet the requirements for expedited review under r 4.23. This not only gave the application a better chance of success but also guaranteed that we could trigger a fast-tracked AAT review if necessary. - Request for Decision on Papers:
We formally requested that the AAT make a decision on papers—without requiring a hearing—saving time and costs for our clients. While the Tribunal Member later indicated that a hearing was required due to the applicant’s country of origin, this request was part of our strategy to reduce unnecessary delays. - Member-Specific Preparation:
As soon as we received the hearing invitation, our team began researching the assigned Tribunal Member by reviewing their past published cases. This allowed us to tailor our approach and anticipate the kinds of questions the Member would likely ask, ensuring that our clients were thoroughly prepared for the hearing. - Tailored Question Preparation:
We don’t rely on templates. Instead, we created a custom list of questions for our clients based on the specifics of their case and the Tribunal Member’s history. We walked through each potential question with our clients, ensuring they were confident and ready to answer effectively during the hearing.
The Benefits of Working with Kris Ahn Lawyers
Our success in this case is a testament to the value of thorough legal preparation and an in-depth understanding of migration law. By knowing the finer points of the Migration Regulations, we were able to turn what could have been a drawn-out, stressful process into a swift and positive outcome.
At Kris Ahn Lawyers, we take pride in finding legal solutions that others may overlook. If you’ve experienced a visa refusal or are concerned about your application’s chances, we can help. Contact us today for expert legal guidance and to see how we can fast-track your case towards success.
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
