The AAT known as the Administrative Appeals Tribunal (AAT), reviews decisions made by administrative authorities under commonwealth legislation. For migration purposes, the AAT reviews decisions made by the Department of Home Affairs, under the delegation of the Minister of Home Affairs, Immigration and multicultural affairs specifically those related to visa refusals and cancellations. If your visa is refused or cancelled while you are in Australia, you often have the right to seek a review of this decision by the AAT. If your visa is refused, you are provided a notification of refusal by the Department which will inform you whether you have review rights or not. The right to review provides you the opportunity to represent your case, provide additional evidence and arguments to support your position on the matter.
Let us help you navigate the legal complexities of the AAT review process.
We will ensure your AAT process is hassle free
Eligibility criteria for AAT appeals
Have rights to review the decision that was made
Be refused or cancelled a visa from the Department of Home Affairs
Be subject to an administrative decision that can be a reviewed at the AAT
Lodge within the stipulated time frame
AAT Appeal process
The Hearing
Once the application is submitted, you will be notified of the hearing date and the mode of your hearing in advance. We as immigration lawyers will represent you at the hearing to present your case effectively by navigating the legal complexities of your matter and any questions the tribunal members may have, with precision and confidence.
The Decision
The tribunal will review your case with the presented evidence and make a decision. Our lawyers will argue and present a strong case on your behalf to increase your chances of receiving a successful outcome. If the decision is reversed, your case will be referred back to the Department of Home Affairs to be made again. If the AAT affirms the decision, you can seek judicial review of your matter.
Your steps
Preparing your case
Our lawyers have expert knowledge of the Migration laws, regulations and policies. We will go through your visa refusal or cancellation letter, the relevant statutory instruments and legal precedents to find a solution for your predicament. Our lawyers will conduct in-depth legal research to develop legal arguments to support your appeal.
Document preparation
We will let you know the documents that will be required to support your appeal. We will ensure that the documents are set to the standards set out by the AAT. We will prepare detailed submissions addressing the reasons for the initial decision by the Department and make statements supporting the appeal.
Lodge the application.
We will handle the application lodgment carefully and in compliance with the strict timelines imposed by the AAT.
Post hearing support
After your hearing, we will keep in touch with you to inform you on the status of your appeal. We will also provide you with guidance on the next steps that you can take depending on the decision of the appeal.
Guidance on Permanent Residency pathways
We will advise you on the steps that you can take while your AAT application is being processed. While you may face several complexities due to the refusal decision made by the Department, we will provide tailored advice on how you can maintain your lawful status and the other options you may have to proceed to permanent residency.
Delaying your appeal may result in you having to depart Australia
Let us help you with expert guidance
If the Department of Home Affairs has refused or cancelled your visa and if your decision letter mentions that you have the right to appeal, then you can appeal to the AAT within the stipulated time.
You can lodge an appeal through the AAT website or through the AAT registry. You should ensure that all the relevant documents are present when you lodge your appeal application.
The current application fee is AUD 3,469. You can request a fee reduction from the tribunal by completing the required form. If the tribunal is satisfied that paying the fee would cause you severe financial hardship, they will reduce it.
The time frame will vary depending on your visa decision letter. The usual time frame is 21 days form the date of the visa refusal letter.
It is not mandatory to have a lawyer or a migration agent. However, it is highly recommended to have professional assistance of a migration lawyer over a migration agent as the AAT process requires you to navigate a lot of legal complexities.
The time taken by the AAT to provide a decision will vary depending on the specific case. Usually the AAT will notify you of their decision in writing within 2 months following the hearing.
If your appeal is unsuccessful, you can look for other options such as looking for other visas or seek a judicial review in the Federal Circuit Court.
When you lodge an appeal application at the AAT, you will continue to hold the Bridging Visa A you were holding at the time you made the relevant application that was refused.