Question of the Week



How to get a 3rd year working holiday visa? And what to do when the Department refuses the visa application for the 3rd year?

Category: Tribunal Services

Question asked

Hi,

My daughter's father had his 3rd year working holiday visa declined because he didn’t get enough rural working hours. He did tell them that he has a newborn daughter. He’s been given the option to appeal. My question is whether the tribunal will give him the opportunity to explain his circumstances? He couldn’t get the hours due to limited jobs close by because of COVID. He was unable to relocate because his driving licence test was postponed due to Covid. Will they take into account the birth of his child?

Answer provided by Migration Agent

Dear T.,

Thank you for your enquire.

The AAT has the power to take the following actions:
- affirm (not change) the department’s decision
- vary the decision
- set aside the decision, and substitute it with a new decision
- return the matter to the department for reconsideration with specific directions.

You must lodge the review application within 21 days from the date of a decision to refuse a visa application and 7 days from the date of a decision to cancel a visa.

Once your application has been lodged, the AAT will confirm the lodgement date in writing, and your application will enter the queue of applications awaiting review. The time that it takes the AAT to review an application (and schedule a hearing, if required) depends on the type of application and AAT processing priorities. In some cases, it may take more than 12 months for the AAT to review an application and schedule a hearing. However other applications may be assessed quite quickly.

When your case is due to be considered by the AAT, you will be allowed to provide further information and documents supporting the grounds for your application. Please be advised a detailed submission is required in your case. The AAT will assess the father of your child's application on merits, and they do not have the power to use discretion.

However, a compelling circumstance caused by COVID and an existence of a minor Australian citizen child may compel the member to refer your case to the Minister for ministerial intervention. We have done ministerial intervention cases, and, in our experience, the Minister is likely to make a favourable decision where the benefit of a minor Australian citizen is affected.

We do strongly advise preparing the detailed legal submission for the AAT application.

However, please be advised he may have better options of permanent residency if his child is an Australian citizen, even if you and the visa holder are not together.

We hope the information is helpful, and please do not hesitate to contact us should you need assistance with the AAT submission and/or ministerial intervention application.

Thank you for using Ask-An-Agent. If you need further services from myself you can always message me using the Ask-An-Agent messenger. You can also reach me by contacting Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.

All the very best,
Migration Agent

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