Solution: Yes, Stella can definitely file application for review of decision regarding their refusal of visa application which was given by department of home affairs. The immigration matters will be reviewed by immigration assessment authority (IAA) and administrative appeals tribunal (AAT). This is basically a type of merit review by the courts. This is also known as judicial review. The case which deals with cancellation of visa is reviewed in this tribunal by reviewing authorities. Numerous decision regarding visa applications offshore are also reviewed, if there is any grievances related to Australian sponsor or nominator or close relative visa is also reviewed by these reviewing authorities. There are provisions related to this for resolving the various problems related to visa these are:
When the refusal the side of ministry or department of home affairs has been made, after that the notification of that decision must be forwarded to the person appropriately. There are some conditions explained about the notification of the decision made according to section 66 of this act.
Within 7 working days and 21 working days, it must be delivered. Section 66(2) and section 66(3) also states provision about the offshore application visa. Section 66(1) also defines the medium of sending the notification to application. The time limit for filling application for review can be done within or after seventy days of notification.
Yes, Terry can make review application for Stella. The application for other visas only two person can apply the visa applicant or former visa holder. But in close relative or sponsored skilled visa. The visa applicant must be present in Australia at the time when the authority is making any decision. However, issue may be there with the migration agent.
How to apply
Combined application for review can also be made. An application for review for a decision to require a security can also be combined related application for review of a decision which has refused to give visa. In the combined application only one application fee is to be paid and one application form requires to be utilised.
If any person wants to takes assistance from any person the designation of these person are allowed to assist such as a registered migration agent, spouse, child, brother or sister, a nominator or sponsor, parliamentarian, a member of a diplomatic mission and an official according to part 3 of the migration act.
Yes, Stella can request from the ministry to personally intervenes in here case, as the processor of review application is lengthy. Under the migration act, the minister may upon request have the power to intervene in the Stella’s case of visa refusal. Stella’s decision will come under the capacity of public interest as Stella and terry are in the same sex relationship. It would be the illustration for the persons are in this category. The migration act refers that the applicant must be present before both the houses of parliament at the time of making decisions and reasons. However, the minister must not show the person’s identity or any information which might lead to revelation of the person’s identity.
The provision which states about the powers or intervention of minister in accordance with the migration act, 1958 such as
All these conditions are mandatory, apart from these above provision, the review application cannot be considered. It will not be able to resolve under the request to ministry intervention.
There are some obligations which migration agents have to follow according to this act. The migration act provides code of conduct for dealing with their clients. They are:
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Mathew Alderton, Michael Granziera and Martin Smith,’ Judicial Review and jurisdictional Errors: The Recent Migration Jurisprudence of the high court of Australia’ (2015)18(3) Australian Journal of Administrative Law 138.
Migration act, 1958. Part 3, Part 4, Part 5 and Part 6.
Migration agent’s regulation act, 1998. https://www.legislation.gov.au/Details/F2017C00943
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