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ARTICLE · 27 NOVEMBER 2018

Administrative Appeals Tribunal discretion to accept late applications

Holding Redlich
Holding Redlich
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Holding Redlich

Holding Redlich

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Whilst it is always best to submit applications on time, a recent FC decision gives hope for those seeking a late review.

AustraliaImmigration

It is always best to submit any application for appeal within the prescribed time limit to avoid an unnecessary negative result, however a new Federal Court decision now gives hope for those seeking late review.

Refusal or cancellation

If you have received a sponsorship, nomination or visa refusal or cancellation and want this decision reviewed, you will need to apply to the Administrative Appeals Tribunal (AAT) within a prescribed time limit.

Many applicants fail to seek advice or prepare their review application inside these deadlines and can miss out on the opportunity to have a negative decision overturned. In a recent decision of the Federal Court, it has now been recognised that the AAT has the discretion to accept late applications.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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