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Obtaining a positive ART outcome on a New Zealand Citizen Family Relationship visa (subclass 461)
Timeline
6.5 weeks
Lawyer
Overview
Our client initially approached us to represent them at the ART, and 12 months into the processing period, our client sought advice to understand how their recent change in circumstances would affect their ART appeal.
Migration law services
This matter required expertise in:
- Expediting ART proceedings
- Satisfying schedule 3 criteria (different from a waiver of sch 3 criteria)
Outcome
Our team was successful in expediting our client’s subclass 461 refusal appeal matter at the ART, and in obtaining a positive ART outcome on the papers, all within 6.5 weeks (From application to request for priority processing: 12 months and from submission of request for priority processing until decision: 6.5 weeks).
Our comprehensive and compelling submissions, coupled with the fulsome evidence from our client were sufficient to satisfy the Tribunal that a favourable decision could be without a hearing, saving the Applicant and her spouse the stress and anxiety of having to appear before the Tribunal.
"This outcome demonstrates the importance of early intervention and advocacy in Tribunal matters when client circumstances, making them eligible for priority processing when they may not have originally been eligible. To go from priority processing request to outcome in 6.5 weeks makes clear that it is always worth making an attempt to request priority processing at the Tribunal, particularly where interests of vulnerable Australians may be impacted by protracted processing times."
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