AAT REVIEW APPEAL

Administrative Appeals Tribunal (AAT) – Merits Review & Appeal

You may be eligible to lodge a Review or Appeal application to the Administrative Appeals Tribunal if your Visa is refused or cancelled. It is important to note that the Administrative Appeal Tribunal follows a strict protocol involving the appeal process. The applicants must be familiar with the complete process before lodging the review application with AAT.

Role of Administrative Appeals Tribunal in Visa Cancellation or Refusal Appeals.

The Migration and Refuge division of the Administrative Appeals Tribunal (AAT) is an independent and unbiased body that can review the decision made by the Department of Home Affairs related to your Visa Refusal or Visa cancellation.

You should lodge a review appeal to AAT if you feel that the Department made a mistake in its decision, and you need an independent body to revisit the decision made by the Department.
The AAT will review the appeal on merit, which means that the Tribunal will take a fresh look at the application. The applicant is given a chance to submit new documents to support the appeal.

How can AAT Help the Visa Applicants:

AAT will review the Department’s decision and can take one of of the following decisions:

Your Visa Status after you Lodge a Review Appeal

Depending on your circumstances, you may be eligible for a Bridging Visa to stay in Australia lawfully until the outcome of your AAT Appeal. A registered Migration agent should also assess and apply for a bridging Visa for you during the AAT Review application process.

AAT Decision Timeframes

How much time will AAT take to decide on your review application is not fixed. It is several months and depends on many factors, including how well your application was prepared, how well a submission was written, and the number of existing review applications in the queue.

Time Frame to Lodge a Review Appeal with AAT

The timeframe within which you must lodge your review application with AAT is always mentioned in the Visa Refusal or Cancellation letter. In most cases, the timeframe for lodging your review application with AAT is 21 days after the decision was made in case of Visa refusals and 7 days in case of Visa Cancellations.
The applicant loses the right to review if the review application is not lodged within the allowed timeframe.  

Chances of AAT decision in Applicants favour

AAT is an unbiased independent body, and the chances of the decision to turn in your favour are high in case:

• You and your agent genuinely believe that the department’s staff made a mistake in your case.
• You have prepared a solid application with all documentation required.
• You have prepared a strong submission on legal grounds.

What will happen after the AAT Decision?

The tribunal shall inform the Department of Home Affairs and the applicant’s legal representative about its decision. The applicant’s Visa status may change after the Tribunal decision is sent to the Department.

• When the Decision is Affirm:

If the decision is “Affirm”, bridging Visa will be ceased within 35 days after the AAT decision is made. 

• When the decision is Set Aside:

Your bridging Visa will be cancelled, and the original Visa that you applied for will be activated.

• When the decision is “Remit:

If the decision is REMIT, your Bridging visa will remain active and the department will start processing your original application. The bridging visa will remain in effect until the department makes a decision on the original application.

Next Steps if AAT decision is Affirm “Against You”

An experienced and honest Migration agent would generally not take up your case if the chances of refusal at AAT are high. Instead, would guide you on how to handle the situation in some other ways depending on your circumstances.

However, you can take the following steps to fight for your right or to gain the time.

• Federal Circuit Court
• Ministerial Intervention.

Considering Other Options:

Going for an Appeal is not always the best option for some applicants. You should consult your Brilliant Migration Club to look for other Visa options you may have depending on your current circumstances.
In some cases, it is better to reapply for the visa by eliminating the mistake that an applicant may have made in the previous application that caused the refusal.