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189 Visa Cancellation Overturned at AAT (Now ART)
Case Summary
Background:
We represented clients in a complex case involving the cancellation of a Subclass 189 skilled migration visa for both primary and secondary applicants due to allegations of relationship fraud. The Department of Home Affairs had initiated the cancellation based on substantial evidence obtained through cross-referencing information, which revealed numerous discrepancies in the application materials. The case was further complicated by the Department’s ongoing investigation into the unregistered migration agent involved in the original application.
Taking Over the Case:
The situation appeared particularly challenging as the Department possessed compelling evidence that could not be fully disclosed during proceedings due to legal restrictions. We assisted the appellants in preparing extensive documentation prior to the hearing at the Administrative Appeals Tribunal (AAT, now known as the Administrative Review Tribunal or ART).
The Day of the Hearing:
At the commencement of the AAT (now ART) hearing, the Member expressed strong skepticism toward the appellants’ claims and showed firm support for the Department’s decision to cancel the visas. Facing this initially hostile reception, we made strategic oral submissions as the appellants’ representatives. Despite the Member’s aggressive stance, we successfully secured additional time – 21 days – to submit further evidence and materials to address the Tribunal’s concerns.
Successful Outcome:
During the extended period, we conducted multiple case conferences, thoroughly re-examined all documentation, and maintained close communication with the appellants. With their full cooperation, we prepared comprehensive supplementary submissions. The additional materials, submitted on the final day of the extended deadline, proved decisive. The Tribunal Member’s perspective shifted substantially upon review of our supplementary evidence, leading to a full reversal of the Department’s decision the following day. The appellants’ 189 visas were reinstated in full.
This remarkable outcome at the AAT (now ART) demonstrates that even in cases involving serious allegations with compelling evidence, skilled representation and meticulous preparation can achieve successful results.
Administrative Appeals Tribunal
DECISION AND REASON FOR DECISION
Case Study Disclaimer
All case studies shared in this website are based on real client matters handled by HECT Migration & Appeal Experts. To protect the privacy of our clients, all identifying details such as names, locations, occupations and personal circumstances have been altered or omitted. Only core legal and strategic aspects relevant to the visa outcome are presented. These case studies are provided for general information purposes only and should not be interpreted as individual advice. Please do not attempt to identify or compare yourself with any case discussed.
