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Helping you call Australia home
Your guide to Australian visas and citizenship.
Mandeville Migration Blog
This blog provides legal information and commentary on Australian migration law, including partner visas, protection visas, visa refusals, appeals, Schedule 3, health waivers, new zealand partner visas, employer sponsored visas, resident return visas, and citizenship.


What to expect after the conclusion of an ART hearing
Once the hearing at the Administrative Review Tribunal (ART) concludes, individuals often find themselves in a period of waiting and...

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Oct 20, 20242 min read


Next steps after receiving a positive decision from the ART
Receiving a positive decision from the Administrative Review Tribunal (ART) is undoubtedly a cause for celebration and relief. However,...

mandevillemigratio
Oct 18, 20242 min read


Understanding possible outcomes at an ART hearing in 2024
Appearing before the Administrative Review Tribunal (ART) can be a pivotal moment for individuals seeking to challenge visa decisions in...

mandevillemigratio
Oct 17, 20242 min read


3 Reasons why you should challenge your visa refusal and apply to the ART
(Please note this article has been updated, as the ART used to be the Administrative Appeals Tribunal AAT) Are you facing the...

mandevillemigratio
Oct 16, 20243 min read


Administrative Review Tribunal (ART)
The Administrative Review Tribunal (ART), often referred to simply as the Tribunal, plays a crucial role in the Australian legal system, particularly in matters related to immigration and administrative decision-making. Understanding what the ART is and how it operates is essential for individuals seeking recourse against adverse administrative decisions. Here's a closer look at the ART: 1. What is the ART? The Administrative Review Tribunal (ART) is an independent statutor

mandevillemigratio
Oct 15, 20242 min read


The new Administrative Review Tribunal (ART) launches on 14 October 2024: What you need to know
Starting on 14 October 2024 , a new era in appealing your visa refusal will begin in Australia with the launch of the Administrative Review Tribunal (ART) . The ART will replace the Administrative Appeals Tribunal (AAT) and introduce changes to the review process, impacting how migration, citizenship, and protection visa decisions are managed. In this article, we break down what the new ART means for applicants and what changes to expect. A new review framework: Equal time

mandevillemigratio
Oct 3, 20244 min read


Understanding the Costs of Appealing a Visa Refusal
Appealing a visa refusal can be a crucial step for individuals seeking to challenge an adverse decision and realize their immigration aspirations. However, it's important to be aware of the associated costs involved in the appeals process. Here's a breakdown of the expenses you can expect when appealing a visa refusal: 1. AAT Application Fee: $3,496 (as of 1 July 2024) The primary cost associated with appealing a visa refusal to the Administrative Review Tribunal (ART) is the

mandevillemigratio
Jul 1, 20242 min read


Applying for 820 Partner Visa on a Bridging Visa or without a Visa: Understanding Schedule 3
Are you currently holding a bridging visa or even living in Australia unlawfully? Are you considering applying for the 820 Partner Visa but unsure about the complexities of Schedule 3? Don't worry, we've got you covered. In this blog post, we'll delve into the details of Schedule 3 and guide you through the process of applying for the 820 Partner Visa under these circumstances. What is Schedule 3? Schedule 3 of the Migration Regulations 1994 outlines the requirements for ce

mandevillemigratio
May 18, 20242 min read


How to prove your relationship when married
When applying for an Australian partner visa, such as the subclass 820/801 or subclass 309/100 visa, being married to your partner is just the beginning. Simply providing the Department of Immigration with a marriage certificate is not sufficient. It's crucial to demonstrate that your relationship is genuine and continuing. In this article, we'll delve into the key aspects you must show to prove your genuine relationship when you are married. Valid Marriage : First and fore

mandevillemigratio
May 14, 20242 min read


Getting PR after your relationship ends with your partner visa sponsor
Are you facing uncertainty about your permanent residency (PR) status in Australia due to changes in your relationship? Don't worry, you may still be eligible to get your PR even if your relationship has ended under certain circumstances. If you either have or have applied for a temporary partner visa (subclass 820/309) this information applies to you. Let's explore how you can navigate immigration laws and secure your future in Australia. Sponsor's Death: If your spons

mandevillemigratio
May 13, 20242 min read


Lost your Australian Permanent Residency? Here's how to get it back!
Are you an Aussie Permanent Resident (PR) visa holder who left Australia after receiving your PR, only to find yourself in a panic about potentially losing it? The information below will help guide you through the process of reclaiming your PR status. Let's break it down step by step: Understand the 5-Year Travel Limit : Your initial PR grant allows you to travel in and out of Australia for up to five years. However, if you travel outside Australia after this time limit w

mandevillemigratio
Apr 24, 20241 min read


Traveling outside Australian Permanent Residence (PR): What you need to know
One of the many benefits of obtaining Australian Permanent Residency (PR) is the freedom to travel in and out of Australia. However, there are important considerations to keep in mind to ensure you maintain your PR status and avoid any unexpected problems.

mandevillemigratio
Apr 23, 20242 min read


Got your Aussie PR? What's next? Let's break it down!
So, you've finally got your Australian Permanent Residency sorted out, and now you're probably wondering, "What's next?" I'm here to guide you through what being an Aussie PR means for you, without all the legal jargon. Firstly, having your PR means you can stay in Australia as long as you want. No need to stress about visa renewals or extensions. You're free to enjoy the Aussie lifestyle for as long as you please. But hold on, there's more to it! With your PR status, you

mandevillemigratio
Apr 17, 20242 min read


Section 56: Understanding requests for further information in visa applications
Navigating the intricate process of visa applications can be daunting, especially when additional documentation or clarification is requested by immigration authorities. One such mechanism employed by the Department of Home Affairs in Australia is a Section 56 request for further information. In this blog post, we'll delve into what Section 56 entails, why it's issued, and how applicants can effectively respond to it. Understanding Section 56: Section 56 of the Migration Act

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Mar 31, 20242 min read


Navigating police checks for Australian visa applications
In the realm of Australian visa applications, one crucial aspect that applicants often encounter is the requirement for police checks....

mandevillemigratio
Mar 27, 20242 min read


Navigating visa refusals in Australia: Understanding section 48
If you're currently residing in Australia and have faced the unfortunate situation of having your visa application refused, it's essential to understand the implications of Section 48 and how it impacts your options moving forward. Section 48 of the Migration Act 1958 sets limitations on the types of visas individuals can apply for after a refusal while in Australia. Let's delve into what this means and explore the avenues available to navigate this challenge. Understanding S

mandevillemigratio
Mar 24, 20242 min read


Navigating Visa Refusals: Your Guide to Challenging a Decision
Receiving a visa refusal can be a devastating setback for anyone with dreams of living, working, or studying in a new country. However, it's crucial to remember that a refusal isn't the end of the road. There's still hope, and that hope lies in challenging the decision. Here's what you need to know about challenging a visa refusal: 1. Act Fast: Time is of the Essence The clock starts ticking the moment you receive your visa refusal letter. In most cases, you only have a short

mandevillemigratio
Mar 22, 20242 min read


What to do when your visa gets refused: Exploring your options
So, you've received the dreaded news – your visa application to stay in Australia has been refused. It's a situation that can be incredibly stressful and disheartening, but it's essential to know that all hope is not lost. In fact, you still have several options to explore. Let's break them down: Option a: Return Home This may be a tough pill to swallow, especially if you've built a life in Australia, but it's essential to understand your options. Returning home doesn't mean

mandevillemigratio
Mar 21, 20242 min read


Do you have to be Married to Apply for a Partner Visa?
One of the common misconceptions surrounding partner visas in Australia is the requirement for marriage. Contrary to popular belief, marriage is not a prerequisite for obtaining a partner visa. Whether you're in a committed de facto relationship or preparing for marriage, there are visa options available to suit your circumstances. De Facto Relationship: If you're in a de facto relationship, you can still apply for a partner visa. Australian migration law recognizes de facto

mandevillemigratio
Mar 20, 20242 min read


Understanding De Facto Relationships in Australian Migration Law
In Australian migration law, the definition of a de facto relationship is important, particularly concerning partner visa applications. It extends beyond mere dating or being in a casual relationship. Defining a De Facto Relationship According to Australian migration law, two individuals are considered to be in a de facto relationship if they meet the following criteria: Mutual Commitment : Both parties must demonstrate a mutual commitment to a shared life, excluding all othe

mandevillemigratio
Mar 20, 20242 min read


5 Common reasons for protection visa refusals
Receiving a refusal for a subclass 866 protection visa when you are seeking asylum as a refugee can be devastating, especially when the decision feels unfair. While every case is different, there are a few common reasons why protection applications are refused. Understanding these issues can help you prepare a stronger application or appeal. 1. They do not believe your story One of the most frequent reasons for refusal is that the Department of Home Affairs does not find

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4 Tips to improve your chances of staying in Australia
If you hope to stay in Australia long term, it is important to strengthen your visa pathway wherever possible. You may have a clear visa pathway where you will only need to meet the general eligibility criteria of your visa. However sometimes in Australian immigration law you need to make a strong argument of why your visa should be granted. Examples of this may be: · if you have a health issue that is expensive to treat; · if the government is considering can

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The most important tip for completing Form 884 – health waiver (Part A)
If you’ve been invited to complete Form 884 – Health waiver (Part A), it usually means your medical results show that you don’t meet the health requirement for your visa. This can be stressful, but it’s also an opportunity — Form 884 gives you the chance to explain why your visa should still be granted despite your health condition. Many applicants focus only on filling out the form, but the most important tip is this: don’t limit yourself to what’s listed in the form. What i

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These blog posts are written by a registered migration agent. The content on this page is information only and is not legal or immigration advice. Contact us to find out more about your situation.
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