- Work Visa
- Partner Visa
- Visa Refusal
- Parent Visa
- Business/Investor Visa
- Skilled Visa
- Student & Graduate Visa
- Visitor Visa
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 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:
and many more.
To be eligible for the appeal process, you must be:
When the AAT reviews a decision, AAT can choose to affirm, vary, set aside or remit the decision.
If AAT set aside a decision, it means the AAT agree or partially agree the original decision was wrong. The AAT might replace it with a new decision or remit the decision. In case of remission, the AAT will send the matter back to the department to make a new decision in accordance with AAT's instruction.
If the AAT affirm the decision, it means that the Department decision will remain unchanged.
If AAT vary a decision, it means the Department's original decision is changed or altered in some way.
Our Registered Migration Agents will evaluate your refusal letter to begin your AAT process and identify why your visa was refused/cancelled. Once we have a case conference to determine the cause of refusal, we will advise you of an AAT Action Plan to ensure that you reach your desired migration goals in Australia.
Once our Agents create your AAT Action Plan, they will assist you in lodging your appeal before the expiry period. Once the application is lodged, AAT will send us an acknowledgment letter to confirm that the application has been received.
After the AAT case lodgement, our agents will prepare a legal submission to address the reason for the Department's refusal. In our submission, our agents will outline:
Once the AAT picks up your application and allocates it to an AAT member, it will review the submissions and documents submitted and invite you to a hearing.
Once we hear from the AAT with a hearing date, we will organise a case conference to discuss the matter with you and prepare you for the hearing.
The hearing is an opportunity for you, a representative of the decision-maker and any other party, to present information and arguments about the decision under review.
The hearing is relatively informal and will usually be conducted by one Tribunal Member. The Member is the person who will make a decision about the review.
During the hearing,
The length of the hearing varies from case to case. Many hearings are finished in under 3 hours, but they can be longer.
Once the hearing is completed, the member will either:
The AAT can make the following decisions:
The AAT application fee is $3,000. 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
In light of the current circumstances, most of AAT hearings and conferences are being conducted remotely by video conference or telephone. In limited circumstances, AAT is contacting people to arrange in person hearings.
AAT registries are open during regular business hours (from 8:30am to 5:00pm weekdays, excluding public holidays). The AAT, however, ask that you consider whether you need to visit them in person or whether you can contact them another way instead.
AAT will give priority to cases that:
Unit 7, 242-224 Caroline Springs Blvd
Caroline Springs VIC 3023
18 Tambling Terrace
Lyons, NT- 0810
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