CASE STUDY: Subclass 888 Visa Refusal – AAT Hearing

12 May


Sam and Kelly*, both Chinese citizens, came to Australia with their two beautiful children in 2014 on Subclass 188 visa (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 188 Visa application back in China, 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 888 visa (Permanent Resident Business Visa). At this time, they could not use Xiaodan as she was still residing in China.


The refusal:

Unfortunately, the new migration agent made some critical mistakes, including miscalculating Sam and Kelly’s assets. These mistakes 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 AHWC Immigration Law to take over their appeal from there.


The outcome:

At this point, AHWC Immigration Law contacted the Department of Home Affairs (the DHA) 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, then thoroughly reviewed all the documents and outlined the critical errors.

We then prepared a strong submission in response to all the previous errors which had been made.

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.

On 18th of March, 2021, the AAT scheduled a Zoom hearing.

AHWC provided pre-hearing training to Sam and Kelly in order to prepare them for the proceedings.

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

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