If you have had a visa application refused or if you have had your visa cancelled, you may be able to appeal this decision to the AAT (Administrative Appeals Tribunal).
Below is some information on how the appeals process works.
What is the AAT?
The Administrative Appeals Tribunal (AAT) is the merits review body for most administrative decisions by the Federal Government.
The Migration and Refugee Division (MRD or MR Division) of the AAT reviews decisions made by officers of the Department of Home Affairs to refuse or cancel visas. They can also review decisions relating to approval and cancellation of sponsorship and nomination.
The AAT operates as a non-adversarial tribunal to review decisions by the Department of Immigration. This means that you can be represented by a Migration Agent, but that there is no representing counsel on the Department of Home Affairs. Decisions are made by a tribunal Member who will review the Department of Home Affairs decision and the facts of your situation.
Timeframes for Appeal to the AAT are Limited
Generally your appeal must be lodged to the AAT within 21 days. However, appeal
timeframes will vary depending on the type of decision and the method by which you were notified of the decision.
Appeals not lodged within the timeframe, will generally lose the right to review.
Merits Review of a Decision by the AAT
When you appeal to the AAT, a new decision is made on the facts of your case.
Any relevant facts can be taken into consideration and you do have the opportunity to present new evidence to the AAT.
AAT Review Outcomes
The AAT can decide to either remit or affirm the decision by the Department of
If the decision is affirmed it means that the AAT agrees that your visa application should have been refused or your visa cancelled. You may then have a right to further appeal the decision.
If the decision is remitted this means that the AAT does not agree with the bases on which your application was refused or visa cancelled by the Department of Home Affairs.
In the case of visa refusals, if the AAT remits the decision, your case will be forwarded back to the Department of Home Affairs for further assessment.
Visalinkz expertise in AAT Appeals
The appeal process can be very daunting and stressful. It is very important to make the most of your opportunity for merits review, as you may not have another chance to have the facts of your case assessed.
Representing clients at the AAT requires a comprehensive knowledge of visa requirements, the ability to research relevant case law and expertise in the processes and procedures of AAT appeals.
Visalinkz has represented clients successfully at the AAT on many occasions. If you would like advice and assistance in making an appeal for your refusal or cancellation, please book a consultation.