Appealing Department of Immigration Decisions

Client case study:

Mr. Khan's 136 (Independent-Skilled) visa application was refused/rejected by the DIAC (known as DIMIA pre 02/2007) Adelaide after being assisted by another immigration firm.

Mr. Khan, however, was recommended to Beyderwellen by a former client to determine what he could do.

After a review of the Decision Record and applicable regulations a critical technical error of law was identified allowing Beyderwellen to file an appeal to the Federal Court of Australia. The appeal was successful; resulting in remittal to the Department of Immigration who eventually granted Mr. Khan his visa.

The following kind words of Mr. Khan are cautionary -- highlighting the importance of making a correct, thorough application the first time.

Endorsement:

"You have been simply great and your service cannot be compared to none of the lawyers I had approached for my DIMIA appeal."

Dear Mr. Sasha

I thank my friend Harsha, who also got his successful PR [Permanent Residence] application with your professional help, for recommending me to work with you after my PR was rejected by DIMIA on first instance.

I also regret working with my previous lawyer who was very un-professional and made my whole application a mess. To start off, I was never given right advice and was confused from day one whether my application was heading the right direction.

After completion of my post graduate course in Melbourne in Business IT, I was very sure that I was eligible to get my PR. My previous lawyer did promise me success, but I was rejected and my previous lawyer told me to only withdraw the case, and he could not help me for the appeal against the DIMIA.

It's then I was asked to approach you by my good friend Mr. Harsha and I feel it was the right move I took and regret why I never used your service from day one. You have been simply great and your service cannot be compared to none of the lawyers I had approached for my DIMIA appeal. You convinced me to file against DIMIA even though I was only in touch with you by email from INDIA. You never took more than 24 hours to reply to any of my emails or queries which was very comforting to me for the amount of money I spend on the appeal.

You gave me advice, ideas, suggestions, through emails and occasional phone calls I made. I did have to wait for some time till the hectic court sessions concluded, I am glad to know that DIMIA agreed to their mistake done on my application and they reverted their decision.

I sincerely thank you and will always tell all others to only use your service when it comes to any Migration advice or services.

I am sure to get back to you on applying for my brothers skilled independent migration application to Australia in near future!"

-- Mohammed A. Khan, India

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Client Case Study:

Mr. Dheer's brother, initially without any professional representation, filed an application under the former Australian Linked (Migrant) (Class AJ), Subclass: 105 (Skilled - Australian Linked) on 23 July 1998 and refused 21 April 1999. The basis for the refusal being that the primary applicant failed to meet the qualifying score in the 'points system'. Mr. Dheer then made a review application with the former Migration Internal Review Office (MIRO). Following the demise of the MIRO the file was transferred to the Migration Review Tribunal (MRT) on 1 July 1999.

After reviewing the legal aspects and facts of the case, the MRT accepted Beyderwellen & Company submissions on behalf of Mr. Dheer that as his brother - the visa applicant - met the Australian qualification standards and legal requirements, he should be awarded the correct points for the Employment Qualification, enabling him to reach the 'pass mark'. In Mr. Dheer's favour, the MRT remitted the application for the visa to the Department of Immigration on 30 October 2001.

Endorsement:

"Dear S.H. Beyderwellen:

Thank you! I am most happy with the results, and genuinely feel that you handled the case with top professionalism and competency.

My brother worked in the hospitality industry in India, with the prestigious Taj group of Hotels. He applied for PR on his own, in the skilled migrant category in 1995. His application was turned down, with grounds sighted as 'inadequate experience' in his profession.

Again he applied in 1998, after gaining a further three years experience. This time it was under skilled cum family support, which should have given him extra points and in our view a definite case.

His application was again refused in Apr 99. An appeal was launched by me with MRT through another migration lawyer. For about ten months I had to constantly be in touch with the concerned lawyer for making proper submission, but to no avail. The plea being 'we will do it when asked by MRT'. In Apr 2000, another of my relatives wanted to file an application under 'Business Category'.

When we met you to discuss his case we were very impressed with your conduct and depth of knowledge. I decided to withdraw my brother's case from the other lawyer (at a loss of fee paid to him, but I am very happy I did that).

You then prepared the most foolproof appeal and proved to them that the Department of Immigration had indeed made an error in their decision. I'm delighted the case has been successfully decided in our favour in Oct 2001".

-- Rajiv Dheer, Sydney, Australia

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