Administrative Appeals Tribunal ("AAT") is an independent merits review tribunal that reviews the Department of Home Affairs' decisions within its jurisdiction. The AAT, in its merits review process, will reconsider the facts, law, and policy aspects of the original decision. AAT also has powers to review new information unavailable to the original decision-maker.
If you have received a visa refusal, you can either:
1. Lodge Another Visa Application
If your offshore visa was refused, you might not (further assessment is required to confirm this) have any AAT review rights. In this case, you may need to lodge another application with additional supporting evidence with legal submissions addressing the refusal.
2. Appeal your application to the Administrative Appeals Tribunal
If your visa refusal/cancellation falls within the jurisdiction of AAT, the tribunal is within its power to review this decision. The AAT has a range of powers to review decisions made under the Migration Act 1958 to:
To be eligible for the appeal process, you must:
When the AAT reviews a decision, AAT can choose to affirm, vary, set aside or remit the decision.
Our team of Registered Migration Agents will assess your refusal/cancellation letter and determine the reasons behind your visa/nomination/sponsorship being declined.
Following a case conference to identify the cause of refusal, we will provide you with an AAT Action Plan that will guide you towards achieving your desired migration goals in Australia.
Upon completion of your AAT Action Plan, our Agents will provide assistance in lodging your appeal prior to the deadline. Following submission, AAT will issue an acknowledgment letter to our organisation as confirmation of receipt.
Once the AAT case has been lodged, our agents will proceed to prepare a legal submission that addresses the grounds of the Department's refusal.
In our submission, our agents will provide a detailed overview of the case, including the reasons for refusal, the facts of the case, and the specific Migration Regulations that the Department deemed unsatisfactory. We will also examine the relevant policy and case law pertaining to your case, and present compelling arguments as to why the initial decision was incorrect.
In addition to the above, we will also submit any new information or evidence that is available for the AAT's consideration.
After receiving your application by the Administrative Appeals Tribunal (AAT), it will be assigned to an AAT member for review. They will examine all submissions and documents provided and then schedule a hearing.
Upon receiving a hearing date from the AAT, we will arrange a case conference to discuss the matter and help you prepare for the hearing.
The AAT hearing allows you to present information and arguments about the Department's decision under review.
The hearing is relatively informal and will usually be conducted by one Tribunal Member. The Member will explain what will happen during the hearing.
The length of the hearing varies from case to case. Many hearings are finished in under 3 hours but can be longer.
Once the hearing is completed, the member will either:
The AAT can make the following decisions:
The AAT application fee is $3,374 (as of 01 July 2023).
The AAT fee may be reduced by 50% if AAT is satisfied that the full payment has caused, or is likely to cause, severe financial hardship to the review applicant.
Online Hearing
The quickest and easiest way to apply to the AAT and submit case documents is through AAT Online Services. While AAT accept emailed lodgements and document submissions, recent changes to AAT security protection measures may lead to delays in receiving emails or emails being blocked.
If you apply or submit documents using AAT online services, you will receive an automatic confirmation that the process has been completed successfully. You can also track your case and documents via the online services portal.
You can still apply and submit documents in person or by post.
Priority
AAT will give priority to cases that:
Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023
Processing times in calendar days for reviews finalised between 1/07/23 and 30/12/23
| Case category | 50% of cases finalised within (days) | 95% of cases finalised within (days) |
|---|---|---|
| Bridging | 11 | 457 |
| Family | 789 | 1634 |
| Nomination/Sponsor approval | 1306 | 1464 |
| Partner | 1374 | 1799 |
| Permanent business | 1295 | 1491 |
| Skill linked | 722 | 1132 |
| Student cancellation | 393 | 502 |
| Student refusal | 435 | 608 |
| Temporary work | 903 | 1408 |
| Visitor | 326 | 436 |
| Other | 453 | 1079 |
| Protection | 1577 | 2212 |
| Total for migration case categories | 701 | 1604 |
| Total for protection case categories | 1577 | 2212 |
| Total | 959 | 2158 |
Unit 7, 242-244 Caroline Springs Blvd
Caroline Springs VIC 3023