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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44178
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Consent orders regarding australian immigration case JA:

Customer Question

consent orders regarding australian immigration case
JA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: i have received consent orders from immigration minister's solicitor asking to sign it so the case can be refered back to tribunal
JA: Anything else I can tell the Lawyer before I connect you two?
Customer: i wanna ask if i sign the orders and my matter goes before tribunal and gets rejected again by tribunal, can i seek second judicial review again
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Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
I applied for AAT review of Immigration decision regarding refusal of partner visa as i didnt satisfy Schedule 3 compelling and compassionated reasons for applying visa onshore.My AAT review got rejected due to same reasons and i applied for Judicial review at Federal Circuit Court.My hearing is due in about 1 year but i have received letter from Solicitor of Minister of Immigration asking me to consider a consents order.The writ in the form of certiorari is to quash the decision of the tribunal as an error has been made.
The writ in the form of mandamus asking AAT to reconsider my matter according to the law.
The Minister to pay agreed or assessed costs.I am needing an initial feedback on the above consent order, should i sign the consent orders, how long it normally takes for the orders to be issued. Since the orders don't say how long i have to sign them, do i must sign them or will my court hearing stands if i don't sign them.if my matter goes back to AAT and gets refused again. Would i be able to seek judicial review on that decision.Thank you.
Customer: replied 1 year ago.
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Expert:  Leon replied 1 year ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.If you are not successful in the FCC then you can appeal on a question of law to the Appeals division and then again to the High Court. If you are trying to run these on your own you are wasting your time. You should have a solicitor that specialises in immigration law assist you. These are not simple matters to run let alone succeed at. Be careful what you sign though because if you waive rights to further appeals you may not be able to. I hope this makes sense and is of assistance If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Customer: replied 1 year ago.
Hi thanks for your answer. I am seeing a solicitor next week but only asking here for my peace of mind. The only thing I want to ask is if minister is willing to set the matter in applicants favour. And there is nothing in the consents order regarding waiving my rights for further appeals.The only 3 things it lists is quashing the old decision, ordering the tribunal to reconsidere the matter and to pay for applicants costs.If I sign this order and get referred back to tribunal.
Can I apply again at federal circuit court if a new decision is handed in by AAT that also turns to be negative.
Expert:  Leon replied 1 year ago.
Good AfternoonThe matter will not be set in your favour. You have to set out what your grounds of appeal are and the minister will them respond. It will set aside the old decision and asking that they look at the matter again. Also to pay your costs. But it does not appear to allow you to add more evidence. Do you have any further evidence to put to the tribunal?You can take it to the FCC if the AAT does not rule in your favour. Good luck