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Sam and Kelly*, both Chinese citizens, came to Australia with their two beautiful children in 2014 as the holders of Subclass 163 visas (Temporary Resident Business Visa). They came to us for help regarding their very complex visa refusal issue.
A bit of background:
One of our senior migration agents, Xiaodan Wan, used to work in China as a migration consultant. Xiaodan emigrated to Australia herself in late 2014.
Xiaodan helped Sam and Kelly with their Subclass 163, State/Territory Sponsored Business (Temporary) Visa application back in China. Happily, their visa was granted and they moved to Australia in early 2014.
Once Sam and Kelly arrived in Australia, they needed to engage an Australian migration agent to handle their Subclass 892 visa (Permanent Resident – State or Territory Sponsored Business Owner).
At this time, they could not use Xiaodan to lodge the new visa application as she was still living in China, and as a result, used another Registered Migration Agent to lodge the visa.
The refusal:
Unfortunately, the new agent made some critical mistakes, including miscalculating Sam and Kelly’s assets. These errors resulted in a visa refusal for the couple in August 2018.
Due to the timeframe imposed for lodgement and appeal, Sam and Kelly needed to authorise the same migration agent to appeal the decision to the AAT.
At the same time, understandably worried, they sought out Xiaodan’s advice on the situation. Once they had spoken to Xiaodan, they engaged Xiaodan and AHWC Immigration Law to take over their appeal from there.
The outcome:
AHWC Immigration Law contacted the Administrative Appeals Trbunal and requested a copy of all documents submitted to the DHA provided by the previous migration agent.
Xiaodan, along with our team of lawyers and paralegals, thoroughly reviewed all the documents and found the critical errors.
During this period, Xiaodan had constant communication with both Sam and Kelly, and their business accountant. She also reached out to other business specialists for independent opinions to include as support letters for evidence.
We then prepared a strong submission addressing and correcting all the previous errors which had been made.
On 18th of March, 2021, the AAT scheduled a hearing via Microsoft Teams.
AHWC provided pre-hearing consultations to Sam and Kelly in order to prepare them for the proceedings. Knowing what to expect at the hearing reduced their anxiety and stress considerably, although understandably, they were still very nervous.
Sam and Kelly attended the hearing with legal representation from AHWC Immigration Law.
After the hearing, the AAT overturned the refusal decision and remitted the case back to the DHA, resulting in a win for Sam, Kelly and their family!
If you have a complex migration matter or are slightly confused about your situation, please book a consultation with one of our migration agents to discuss your future in Australia!
*Names changed
