Recently, the Administrative Appeals Tribunal handed down its decision in a Protection visa appeal for a client from an Eastern European country.
The applicant had lodged a Protection visa application with the assistance of his migration agent, who represented the applicant at the time.
The Protection visa application, which was lodged by the applicant’s migration agent, was refused by the Department of Home Affairs.
The Department of Home Affairs considered that the applicant held no genuine fear of persecution and he had no real chance of being persecuted for any reason if returned to his home country.
The applicant then sought our assistance with an appeal to the Administrative Appeals Tribunal of his refused Protection visa.
On the facts of the case, the applicant had received various threats involving people from his home country.
We successfully argued that the Department of Home Affairs overlooked or misinterpreted key evidence, and incorrectly formed the view that the applicant was not credible.
In allowing the appeal, the Administrative Appeals Tribunal found that the applicant was a credible witness and would most certainly be detained and questioned in his home country should he be returned, and there was a real chance he would face serious harm amounting to persecution.
The Administrative Appeals Tribunal noted that the applicant had been represented commendably with extensive, relevant submissions both orally at the hearing and in writing.
Agoston Tamas is an Immigration Lawyer (LPN 5511261), and a Legal Practitioner of the Supreme Court of Queensland since 2006. He was initially registered as a Migration Agent with the Office of the Migration Agents Registration Authority in January 2011.
Contact Tamas Immigration for advice on your Australian visa, Permanent Residence, Citizenship or other immigration matter, or if you would like assistance with a Court appeal or seek merits review by the Administrative Appeals Tribunal of a refused visa application.
