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Discussion Starter · #1 ·
HI All,

I just wanted to check if anyone of you have experienced the same situation.

So I got refused the the second time in my whole application process
-My first refusal was about Schedule 3 Criteria last 2016 which was remitted back to IMMI (of course we attended a hearing and the member from the AAT accepted that we have a compelling and compassionate reason to waive the said criteria)

-2nd refusal was last March 2017- because I am an HIV positive so the MOC accessed me to be a burden to the Australian community and gave me a calculation of $660k for 49years of existence)

Being said above we again lodged an application for appeal since our solicitor from HALC believes that we have a strong case to argue about the compelling and compassionate circumstances which we already provided to immigration when they asked us about the Health Waiver (PIC4007) we have provided everything we could such as Psych Report of my partner, data of stigma and discrimintation in my home country, bank statement of savings and assets, support letter from people even my company who is willing to support me financially, etc)

So 1 and half year has passed and we already got a Hearing Schedule- so again we submitted everything to the Tribunal like the above mentioned as a continuing support to our case.

12 hours before the hearing my solicitor recieved a call from AAT Registry saying that our hearing is cancelled until further notice.
they did not gave us any reason why the hearing was cancelled they just said it is cancelled.

I am now worried what happened...
Is this normal?,
are they going to make a decision without hearing?
shoould I be worried that they cancelled the hearing?
Has this happened to anyone already? need your input so i rest and stop thinking about it.

My partner and I already been through a lot with this application it caused my partner to be more depressed, frequent panic attacks and anxiety...

same goes to me...

PLease any inputs will be a very big help to ease our worry..
 

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Discussion Starter · #3 ·
If you are in Adelaide, this might explain it:
Adelaide office is temporarily closed | Administrative Appeals Tribunal

If not, then perhaps the member had an emergency and couldn't attend. Things happen.

I've got my AAT hearing too soon, so can understand how you must feel. Hang in there.
Oh well it is what it is... cannot expedite it... I just hope that despite the wait they will see that there is a compelling and compassionate reason for the health waiver...
 

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Oh well it is what it is... cannot expedite it... I just hope that despite the wait they will see that there is a compelling and compassionate reason for the health waiver...
Try giving the AAT a call and ask them why it was cancelled. They are usually very helpful and friendly.

Kind regards

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Migration Appeals

e: [email protected]
w: www.migrationappeals.com

Disclaimer: This message is general in nature does not constitute migration or legal advice and should not be relied upon. To provide you with migration advice, we need to consult with you to obtain your full information and circumstances. If you wish to receive migration advice please email us to arrange an appointment.
 

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Discussion Starter · #8 ·
Not sure to whom you were replying. I was asking the OP on how they went with the AAT case.
Hi,

Until now I am still waiting for a new schedule... a month ago they asked me to get another MOC opinion but it wont help anything at all.. I still have HIV and I am still taking the same medication so I dont think it will have a big impact so we declined it... anyway they did not say "required" they only said "we encourage you to get a new MOC" so to me and my representative it is "OPTIONAL" to get a new MOC. If they require us then we will comply.

But anyway still in LIMBO... no updates or anything... well mum said that "NO NEWS IS A GOOD NEWS"- I think if they found any error or they need something else they shouldve said it or if they wouldve declined it already. but its been 4 months already...

I will keep u guys updated...
 

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Discussion Starter · #11 ·
Hi All,

I am happy to say that AAT remitted my case back to the department.

Almost two years of waiting after we lodged the application to appeal & almost a year since AAT cancelled the scheduled hearing last August 2018.

The Tribunal decided to remit my case back to immi without any further hearing. The letter said that our submissions tackled everything that they need to know.

Currently, I am just waiting for the immigration's decision. Based on my readings (PAM3) this is the last & final criteria that needs to be satisfied. Hopefully I am correct with what ive read.

Does anyone know if this is the last criteria?

I will keep you guys updated.
 

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Discussion Starter · #12 ·
How did you go with your AAT hearing? Did they give you a reason why it was cancelled?
Hey everyone,

Happy to give you an update that the Tribunal remitted my case backl to the department of immigration.

After 2 years of waiting from the time that we lodged the appeal & almost a year since they cancelled the supposedly hearing last August 2018. They decided to remit the case back without a hearing.

According to AAT Member, we submitted a well researched and comprehensive submissions which addressed all the issues in the case.

I've read PAM 3, based on my readings this will be the last SCHEDULE to satisfy. I hope i am read it correctly.

Does anyone know if I am correct that this is the last criteria to satisfy?

Currently, I am waiting for DIAC to write me letter requesting additional docs or approve it.. hopefully theres no more docs required.
 

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Hey everyone,

Happy to give you an update that the Tribunal remitted my case backl to the department of immigration.

After 2 years of waiting from the time that we lodged the appeal & almost a year since they cancelled the supposedly hearing last August 2018. They decided to remit the case back without a hearing.

According to AAT Member, we submitted a well researched and comprehensive submissions which addressed all the issues in the case.

I've read PAM 3, based on my readings this will be the last SCHEDULE to satisfy. I hope i am read it correctly.

Does anyone know if I am correct that this is the last criteria to satisfy?

Currently, I am waiting for DIAC to write me letter requesting additional docs or approve it.. hopefully theres no more docs required.
I expect the health and character criteria still need to be meet + anything new introduced to the AAT or since the refused application.
 

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Discussion Starter · #14 ·
I expect the health and character criteria still need to be meet + anything new introduced to the AAT or since the refused application.
So meaning I have to undergo another medicals? isn't that the purpose of the health waiver?

I remember submitting AFP prior to refusal due to health. so is there any other criteria that needs to be satisfied?
 
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