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Discussion Starter · #1 ·
Hi all,

Does anyone know how long does the AAT take on PR visa cancellation appeals? I've read it takes anywhere upto 12 months, I've already waited almost 12 months since NOICC and the cancellation decision. I'm wondering how much longer can I expect to wait before an appeal hearing.

Thanks
 

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Discussion Starter · #5 ·
Times are given on the AAT (MR Division) website. You can also call the AAT and ask. They are usually very helpful.
Thanks but I was hoping to know from others since the guidelines aren't really accurate. I'm also hoping to request priority since I've waited for almost 12 months for the cancellation decision. I might ring the AAT as suggested.
 

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Discussion Starter · #6 ·
Hi everyone, I'm still waiting for my AAT hearing. It's been absolute silence. I'm a little confused under what category I fall under for processing times.

It's a Skill Linked Visa Cancellation, is it under Skill Linked or Other category? Reason for my confusion is in the statistics page of AAT, visa cancellation is shown under Other.

If my case is under Other then I'm well past the Average 142 days taken from lodgement to decision. But if it's under Skill Linked then I've got another 2 months to reach the average of 260 days.

If anyone can please help clarify this, thanks!
 

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Hello Peanut48,

Time is your helper. The longer it takes for the hearing before the AAT the better for you.

This gives you time to prepare a good legal argument, supporting documentation, a chronology of events, prepare witnesses to assist your case and research who your Tribunal Member is so you can be ready for the questioning and approach they are going to take.

It concerns me that you do not know the visa subclass that was cancelled as this is fundamental to preparing a legal argument for reinstatement of your visa.

Have you asked your legal representative for a copy of all the submissions and documentation they have provided to the AAT to support your case. This will allow you to monitor the strength of your case and ensure you have the best strategy to win this case before the AAT.

Best wishes for a successful outcome.
 

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Discussion Starter · #12 ·
Hello Peanut48,

Time is your helper. The longer it takes for the hearing before the AAT the better for you.

This gives you time to prepare a good legal argument, supporting documentation, a chronology of events, prepare witnesses to assist your case and research who your Tribunal Member is so you can be ready for the questioning and approach they are going to take.

It concerns me that you do not know the visa subclass that was cancelled as this is fundamental to preparing a legal argument for reinstatement of your visa.

Have you asked your legal representative for a copy of all the submissions and documentation they have provided to the AAT to support your case. This will allow you to monitor the strength of your case and ensure you have the best strategy to win this case before the AAT.

Best wishes for a successful outcome.
Thank you but I know what visa it was and we have prepared everything. My question was related to the processing time listed on the AAT's page which is confusing when you read their statistics documents.

In any case, I rang them and they weren't very helpful either and said I could be waiting for 12 months - 2 years even though it is on priority one. I also found out I haven't even been assigned a member yet after almost 7 months.
 

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The statistics are a general guide and processing times can vary. The AAT try to complete 70% of all caseload within 12 months but they have had large increases in the number of appeals being lodged. I realise this does not answer your question but it is really a matter for the AAT as to when they seek to finalise a file.
 

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Discussion Starter · #14 ·
This is what I'm referring to:

Statistics: http://www.aat.gov.au/AAT/media/AAT/Files/Statistics/MRD-Migration-Caseload-Statistics-2017-18.pdf

Processing Times Guide: How long will the process take? | Administrative Appeals Tribunal

I understand they are estimates and guidelines but I'm concerned that if the average for Other category is 142 days and the statistics page implies all visa cancellations except student visa cancellation falls under Other category, then my application is an exception to the guidelines since its been 200+ days.
 
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