AAT Cases

Gareth Lewis and the team at Lewis & Bollard have a very high rate of
success when representing clients at the Administrative Appeals Tribunal.
Below are recent cases from which Lewis & Bollard were able to achieve favorable outcomes at the AAT.

Atua and Minister for ImmigrationCitizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 4973 (9 December 2020). Heard by Senior Member J Kelly.

Merits review of decision of delegate of Minister to refuse to revoke
mandatory cancellation of visa for failing to pass the character test
under section 501(6) Migration Act (1958).

Decision set aside and substituted with decision that cancellation of applicant’s visa be revoked.

Corbett and Minister for ImmigrationCitizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 2501 (5 July 2021). Heard by Senior Member Linda Kirk.

Merits review of decision of delegate of Minister to refuse to revoke
mandatory cancellation of visa for failing to pass the character test
under section 501(6) Migration Act (1958).

Decision set aside and substituted with decision that cancellation of applicant’s visa be revoked.

Wang (Migration) [2021] AATA 1410 (9 April 2021)

The Tribunal remits the application for an Employer Nomination (Permanent) (Class EN) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 186 (Employer Nomination Scheme) visa.

Hur (Migration) [2021] AATA 4339 (22 October 2021). Heard by Member C. Packer.

An application for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa under s 65 of the Migration Act 1958 (Cth) (the Act).

The Tribunal remits the application for a Regional Employer Nomination (Permanent) (Class RN) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 187 (Regional Sponsored Migration Scheme) visa:
cl.187.233(3) of Schedule 2 to the Regulations

Bui (Migration) [2021] AATA 4894 (22 December 2021). Heard by Member Russell Matheson.

An application for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant the applicant a Partner (Temporary) (Class UK) visa under s 65 of the Migration Act 1958 (Cth) (the Act).

The Tribunal remits the application for a Partner (Temporary) (Class UK) visa, with the direction that the applicant meets the following criteria for a Subclass 820 (Partner) visa:
cl 820.211(c) of Schedule 2 to the Regulations and;
cl 820.221(4) of Schedule 2 to the Regulations.