CASES WHERE THE ART OFTEN REMITS WITHOUT A HEARING
INSUFFICIENT 5-YEAR GAP ACCORDING TO “REGULATION 1.20J”
If your application was refused because it did not meet the 5-year gap requirement between two sponsorships under Regulation 1.20J, but during the ART review period, you reached the required 5 years, the Tribunal may issue a favourable decision without holding a hearing. Submitting additional evidence of the residency period will help the ART process the case promptly.
FORGOTTEN HEALTH CHECK
Some Partner Visa applications are refused because the Applicant forgot to undergo the required health check. However, if the health check is completed and the results are submitted to the ART during the appeal process, the Tribunal may approve the case without requiring a hearing. This is a common mistake that can be easily corrected if all requirements are met before the Tribunal date.
MISSING INFORMATION NOW COMPLETED
If your application was refused due to missing information or documents, but you provided the necessary documents during the appeal process, the ART may rule in your favour without a hearing. Missing documents may include financial evidence, relationship certificates, or identity documentation.
TECHNICAL ERROR BY THE DEPARTMENT OF HOME AFFAIRS
In rare cases, your application may have been refused not due to any fault of your own, but because of a technical error from the Department of Home Affairs, such as mishandling documents or missing evidence. If the ART discovers this error, they may issue a favourable decision without a hearing.
At JL Migration & Education, we have successfully handled complex and challenging cases. Many of our Clients, with complete and well-prepared submissions, have won their appeals without needing a “Hearing”.
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