Refused Visa? What About The Administrative Appeals Tribunal (AAT)?

At SJ Legals we are a professional team with a wealth of experience in Migration Law, including Administrative Appeals matters and disputes. We come from a strong legal background so you can rest assured knowing that we will always elicit the best solutions to your legal and migration requirements. 

Have you received an unfavourable decision by the Department of Immigration (the Department) in relation to your visa? SJ Legals are expert lawyers who specialise in AAT reviews and appeals of the decisions of the Department. If you have a visa related issue, application or appeal get in touch with SJ Legals today. 

What is the AAT?

The AAT is a merits review tribunal that is independent of the Australian government, and are capable of reviewing a wide range of commonwealth government decisions including visa refusals or cancellations. The AAT can only review decisions if the act that the decision was made under states that its decisions can be reviewed by the AAT. The AAT will reassess the facts of your government decision. The AAT Australia has the power to:

  • affirm a decision;
  • vary a decision;
  • set aside a decision and substitute a new decision; or
  • remit a decision to the decision-maker for reconsideration.

The AAT aim to provide a review process that:

  • is accessible;
  • is fair, just, economical, informal, and quick;
  • is proportionate to the importance and complexity of the matter; and
  • promotes public trust and confidence in the decision-making of the Tribunal.

The review process will vary depending on the type of decision the AAT are reviewing. If you require assistance with the review process, get in touch with SJ Legals today, we can provide you with expert advice to help you achieve your migration goals.

Can I apply for an AAT Review?

Whether or not you can apply for a review with the AAT will depend on the particular circumstances of your case. 

The AAT can review certain decisions made under the Commonwealth Migration Act 1958 by the Department such as: 

  • to refuse or cancel different types of visas;
  • to refuse to approve a nomination of an occupation, activity, or position;
  • to bar, refuse to approve or cancel the approval of a sponsor; or
  • relating to requiring a security. 

How many AAT decisions are successful?

Of more than three thousand AAT decisions made in 2019, 30% of those decisions were set aside. This illustrates that it is very much possible to successfully appeal a decision made by the Department and have the decision set aside. This is all the more reason to get in touch with our expert team to represent you for your AAT review. 

AAT Australia time limits

Like most review or appeal processes, there is a time limit for lodging an application for review with the AAT Australia. 

Each decision made by the Department may have a different appeal time frame. You should check your decision letter to find out what the time limit is to lodge your application for review. The time limit to apply for an AAT review is usually 28 days after you receive the decision you want the AAT to review. You can verify the list of decisions (DOC, 90 KB) that have a different time limit. 

If you haven’t managed to lodge your AAT review in time, you can apply to the AAT to extend the time to lodge your application for review. You must apply in writing and include reasons why the application is late. If you need assistance with extending the time frame for your AAT review our professional team at SJ Legals can help you out.

AAT Fees

You must pay an application fee if you lodge an application for a review of most migration decisions. There is no application fee if you lodge an application for review of a bridging visa decision that resulted in a person being placed in immigration detention. The application fee is $1,787. The application fee can be reduced by 50% if the AAT decides that paying the fee would cause you severe financial hardship.

Have you received an unfavourable decision by the Department in relation to your visa? SJ Legals are expert lawyers who specialise in AAT reviews and appeals of the decisions of the Department. If you have a visa related issue, application or appeal get in touch with SJ Legals today.

The Next Step?

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