Appeals & Results
Request A Call Back
Appeals & Results
Supporting Your Migration Journey
At Solve Migration, we are leaders in immigration appeals and advocacy. Our specialist lawyers have assisted thousands of applicants with complex migration matters, including visa refusals, cancellations, and appeals. We have represented many clients at the Administrative Appeals Tribunal (AAT) and the Federal Court of Australia (FCA).
With many years of experience in the migration sector, our team of Lawyers and Registered Migrations Agents are proud to have supported many individuals and businesses through the appeal process.
How We Can Help
At Solve Migration, we offer a fixed-pricing turnkey solution, absorbing any overtime costs. This means that you can stick to your budget when obtaining legal support, even if your case requires witnesses and further submissions or if it is adjourned.
Our services include full project management of your migration case. We’ll draft legal documents, liaise with all relevant parties, and coordinate hearings if required for your matter.
Want to find out how we can support you through the Appeals or any migration process? Book a appointment today.
Success Stories
Some of our Appeals and Results
Don’t take our word for the important work we do. Below, find examples of some successful immigration cases we’ve handled on behalf of our clients. Most of these case studies are published on Austlii.
Partner Visa Issue, Subclass 801: Family Violence Provisions
Sponsored by his Australian partner, the applicant lodged a partner visa application with the help of a migration agent who was a friend of his sponsor…
Sponsored by his Australian partner, the applicant lodged a partner visa application with the help of a migration agent who was a friend of his sponsor. When the applicant’s relationship broke down, he received a natural justice letter stating that the Department of Home Affairs intended to refuse his visa application.
The applicant consulted with Solve Migration, and it was brought to our attention that he may be a victim of family violence due to emotional blackmail and self-esteem effects. We advised the applicant to seek advice from a psychologist, and later, the applicant also saw a psychiatrist.
Solve Migration made submissions to the Department of Home Affairs, stating that the applicant should be granted a permanent visa in accordance with family violence provisions.
Our dedicated research team project managed the appeal process and obtained affidavits from the client’s GP, psychologist, psychiatrist, and community members. We produced independent reports citing emotional abuse and manipulation of foreigners through religious institutions.
As the applicant was male, the matter was referred to an independent Commonwealth-appointed psychologist. Despite the breakdown of his relationship, the applicant was eventually granted a permanent partner visa to stay in Australia.
Appeal Issue, Subclass 457: Self Sponsorship
The applicant owned and operated a transport business and sponsored himself for a subclass 457 visa in 2016. However, when the applicant applied for permanent residency in 2018, this was refused. The applicant had not met minimum training requirements with respect to recent policy changes for self-sponsorship cases.
The applicant owned and operated a transport business and sponsored himself for a subclass 457 visa in 2016. However, when the applicant applied for permanent residency in 2018, this was refused. The applicant had not met minimum training requirements with respect to recent policy changes for self-sponsorship cases.
Due to recent changes and inconsistencies in training regulations related to self-sponsored visas, our Solve Migration team argued that the Department of Home Affairs had rejected the application with an ulterior purpose, applying a harsh interpretation of Australia’s Migration Act.
The tribunal heard evidence from the applicant, his wife, and his employees. Our lawyers made submissions in support of the applicant’s business and its importance to the Australian economy.
The Administrative Appeals Tribunal found that the training regulations were no longer required to support the applicant’s self-sponsored visa. We successfully bypassed the regulation and won the case for the applicant.
Appeal Issue, Subclass 482: Non-Genuine Occupation
The applicant was waiting to attend a hearing after the refusal of his subclass 482 visa. The applicant had recently had a child and was eligible for PR by could not lodge this due to an S48 bar.
The applicant was waiting to attend a hearing after the refusal of his subclass 482 visa. The applicant had recently had a child and was eligible for PR by could not lodge this due to an S48 bar.
Initially, the applicant had been sponsored as a building associate. However, the applicant later became a carpenter. When he applied for a visa renewal, he cited his new occupation. The Department of Home Affairs stated that this was a non-genuine change of occupation and refused the applicant’s visa.
The legal team at Solve Migration made submissions to demonstrate the crossover responsibilities in both of the applicant’s professional roles. At a hearing, we presented statements from the applicant’s employer and clients, as well as photos of the applicant completing carpentry work.
At the end of the hearing, the tribunal ruled in the applicant’s favour and set aside the decision from the Department of Home Affairs, finding that the applicant’s occupation was genuine and therefore aligned with visa requirements.
Appeal Issue, Subclass 500: Converting a Secondary Applicant to a Primary Applicant
A family of four had several visas in place. The main applicant could not be granted a visa, as she had not met the necessary requirements. One of the family’s children was now in her twenties and was no longer a dependent. However, her application for a student visa was denied by the Department of Home Affairs.
A family of four had several visas in place. The main applicant could not be granted a visa, as she had not met the necessary requirements. One of the family’s children was now in her twenties and was no longer a dependent. However, her application for a student visa was denied by the Department of Home Affairs.
Our Solve Migration experts conducted significant research and found a precedent case at the Federal Court in which the Department of Immigration had consented to remittal due to jurisdictional error on the basis that the tribunal had failed to consider all applicants against primary criteria.
We submitted information stating that the tribunal was required to consider all applicants as individual visa holders. We argued that the non-dependent child had been refused a dependent visa as a consequence of her mother’s application and that she should be granted a visa in her own right.
After two hearings, the tribunal ruled in the applicant’s favour and split the decision, assessing the non-dependent child as a primary visa holder and remitting the matter for the Department of Immigration to grant her a visa in her own right.
Appeal Issue, Subclass 187: Non-Genuine Nomination
The matter was heard at the Administrative Appeals Tribunal. Solve Migration lawyers made a submission at the hearing and provided a submission after the hearing.
The applicant was refused a regional visa in 2018 after the Department of Home Affairs deemed the applicant’s retail manager position in regional Australia a supervisor role.
The matter was heard at the Administrative Appeals Tribunal. Solve Migration lawyers made a submission at the hearing and provided a submission after the hearing.
The case was overturned, with the tribunal finding that the applicant’s nominated position corresponded with the regional retail manager role the applicant was employed in.
Appeal Issue: Australian Citizenship Identity
An applicant had fled war in South Sudan, arriving in Australia as a child. The applicant was a permanent resident and had applied for citizenship. However, the case officer refused this application on the basis that the applicant could not prove his identity.
An applicant had fled war in South Sudan, arriving in Australia as a child. The applicant was a permanent resident and had applied for citizenship. However, the case officer refused this application on the basis that the applicant could not prove his identity.
The Department of Home Affairs requested evidence of the applicant’s identity. However, as the applicant’s home country had suffered from civil war and periods of unrest, the country the applicant had been born in no longer existed. This meant that the applicant could not obtain legal identity documents.
Our Solve Migration lawyers liaised with Australian Government Solicitors representing the minister. Our research team made submissions referencing case law and UN reports regarding the applicant’s home country. We also provided affidavits from the applicant’s family members who had been granted citizenship.
The Australian Government Solicitors consented and made orders for the applicant to be granted Australian citizenship, and we avoided a hearing. The applicant was granted full Australian citizenship in August 2021.
Matter
Appeal Issue, Subclass 186: Non-Compliance
The applicant was refused a subclass 186 visa due to non-compliance with training requirements.
The applicant was refused a subclass 186 visa due to non-compliance with training requirements.
Our Solve Migration team made written submissions and obtained a new SBS approval. The applicant’s case was overturned without a hearing.
Appeal Issue, Subclass 820: Partner Visa Exceptional Circumstances
The applicant was denied a subclass 820 visa, as he had been unlawfully based in Australia for over 3 years prior to lodging an application with the Department of Home Affairs, and he did not meet compelling/compassionate exemptions under schedule 3.
The applicant was denied a subclass 820 visa, as he had been unlawfully based in Australia for over 3 years prior to lodging an application with the Department of Home Affairs, and he did not meet compelling/compassionate exemptions under schedule 3.
The applicant cited COVID-19 and his long-term relationship as reasons why he should be granted a partner visa. The applicant also presented a witness at a hearing to vouch for his relationship.
Solve Migration lawyers argued that the applicant’s partner, who was an Australian citizen, suffered from medical conditions that meant she could not travel back to the applicant’s home country during the pandemic.
We provided medical reports and affidavits in support of the applicant’s claims. The tribunal ruled in our favour and remitted the matter to the Department of Home Affairs for a visa approval.
Appeal Issue, Subclass 500: Student Visa
The applicant was refused a student visa in 2018, as the case officer believed he was not a genuine student. The applicant contacted Solve Migration, and we provided him with advice to ensure he could justify his course at the Administrative Appeals Tribunal.
The applicant was refused a student visa in 2018, as the case officer believed he was not a genuine student. The applicant contacted Solve Migration, and we provided him with advice to ensure he could justify his course at the Administrative Appeals Tribunal.
The applicant changed his course from business to information technology. At a hearing, the member challenged the applicant’s reason for studying in Australia, and we successfully argued that the applicant was not required to prove that he could not obtain the same level of education in his home country.
We further argued that the applicant ‘s ongoing study was in part due to his inability to extend work rights through a BVE due to COVID-19 restrictions. We won the case, which was remitted to the Department of Home Affairs.
Appeal Issue, Subclass 186: Non-Compliance
The applicant had been based in Australia for 12 years and was sponsored by a family business with a subclass 457 visa in 2013. In 2016, the applicant applied for a subclass 186 permanent residency visa after spending two years in a management role.
The applicant had been based in Australia for 12 years and was sponsored by a family business with a subclass 457 visa in 2013. In 2016, the applicant applied for a subclass 186 permanent residency visa after spending two years in a management role.
The Department of Home Affairs selected the applicant’s business as part of a random audit, and the applicant provided officers with all relevant information. As the manager, the applicant stated that she was responsible for business operations.
The Department of Home Affairs insisted on speaking to the company director, who was not involved in the business. The director was unable to provide accurate information, and the officers determined that the business was in breach of its obligations.
Based on the breach, the applicant’s permanent visa was refused in 2017. At a hearing, the tribunal sought testimonies from all parties. The Solve Migration legal team provided submissions in support of the applicant’s business.
Through tax documents and employee statements, we proved that the business was compliant with all aspects of the law. The case was remitted, and the tribunal found that the applicant should be granted a permanent visa.
Appeal Issue, Subclass 457: Visa Cancellation
The applicant was affected by unfair employment conditions and had an ongoing case with the Fair Work Commission. The applicant had found a new job, but the new employer had delayed important paperwork.
The applicant was affected by unfair employment conditions and had an ongoing case with the Fair Work Commission. The applicant had found a new job, but the new employer had delayed important paperwork.
Believing that the applicant had remained unemployed for over 3 months, the Department of Home Affairs cancelled the applicant’s subclass 457 visa.
Solve Migration experts made submissions based on compelling and compassionate circumstances and the fact that the applicant’s nomination to be employed by his new employer had been approved.
We requested that the Administrative Appeals Tribunal overturn the decision on the basis of compelling evidence without a hearing. The tribunal accepted our submission and reinstated the applicant’s visa the day before the scheduled hearing.
Refugee Visa Issue, Subclass 866: Religious Persecution
The applicant had applied for an onshore visa in 2017. The applicant was afraid of returning to her home country of Pakistan due to family violence and religious persecution by Islamists based on her Catholic faith.
The applicant had applied for an onshore visa in 2017. The applicant was afraid of returning to her home country of Pakistan due to family violence and religious persecution by Islamists based on her Catholic faith.
The applicant was subjected to two interviews with the Department of Home Affairs about her claims and family background. Our lawyers provided assistance with the application and made submissions for both interviews.
The applicant was finally determined to be a refugee in accordance with Australia’s obligations under the UNHCR. The applicant was granted permanent residency.
Refugee Visa Issue, Subclass 866: Religious Persecution
July 2020
The applicant had been born in Saudi Arabia to refugee parents and had never held citizenship in any country. The applicant had an Egyptian travel document that restricted any travel to Egypt and held only conditional residency in Saudi Arabia.
The applicant had been born in Saudi Arabia to refugee parents and had never held citizenship in any country. The applicant had an Egyptian travel document that restricted any travel to Egypt and held only conditional residency in Saudi Arabia.
The applicant arrived in Australia on a student visa and applied for an onshore protection (humanitarian) visa in 2018. After an emotional interview and many pages of submissions, the applicant was found to be stateless and was granted a permanent residency visa.
After two generations of not having a country to call home, the applicant became a permanent resident of Australia. After two years of holding this visa, the applicant will be eligible for Australian citizenship.
Need help navigating a visa appeal or review process?
Frequently asked questions
Yes! Solve Migration offers a range of business visa services, including:
- business innovation streams
- investment visas
- significant investor visas
- premium investor visas
- entrepreneur visas.
Ready to get started?
Visit
Level 5, 55 Miller Street,
Pyrmont NSW
2009
+61 2 9252 0449
12 Sydney Road,
Manly NSW
2095
+61 2 9252 0449
Level 8,
251 Adelaide Terrace
Perth WA 6000
+61 8 6182 1888
Level 40,
140 William Street,
Melbourne VIC 3000
+61 2 9252 0449
2409/5 Lawson Street,
Southport QLD
4215
+61 8 6182 1888
Enquire Now
We’ll get back to you soon as soon as possible.
