1300 320 300Visa Refusals/AAT
Visa Refused or Cancelled? You Can Appeal to the AAT
Speak with one of our expert immigration AAT appeal lawyers regarding your chances of being successful with an AAT appeal…
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Administrative Appeals Tribunal Lawyers (AAT Appeal Lawyers)
APPEALING TO THE AAT AFTER A VISA REFUSAL OR CANCELLATION
If your application for a visa to visit, enter or stay in Australia is refused, you may be able to appeal the decision to the AAT. Similarly, if you have held a visa to stay in Australia and the visa has been cancelled, you may be able to appeal that decision to cancel your visa.
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The AAT (AAT Appeal Lawyers)
The Administrative Appeals Tribunal (AAT) is the merits review body for most administrative decisions by the Federal Government. In 2015, the operations of the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) were absorbed into the Migration Division of the AAT.
In the Migration Division, the AAT operates as a non-adversarial tribunal to review decisions by the Department of Immigration. This means that you can be represented by an Immigration Lawyer, but that there is no representing counsel on the Department of Immigration side.
AAT Appeal – Time Limits
The importance of taking notice of this information cannot be overstressed. But if you have the legal right to make an appeal to the AAT, the notice will state this. The time within which to lodge an appeal to the AAT for review is strictly limited and must be adhered to otherwise the application will be rejected. The period for making an appeal will depend on the decision sought to be reviewed.
In general, you must lodge your appeal to the AAT within 21 days. However, the timeframe can vary depending on the type of decision and the method by which you were notified of the decision.
If the appeal is not lodged within this timeframe, you would in general lose your right to review.
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AAT Appeal Process (Why you may need an AAT Appeal lawyer)
If you have been refused a visa or had a visa cancellation, it is very important to pay careful attention to the letter of the refusal/cancellation; it includes the detail reasons for the refusal/cancellation and what requirements you were not able to fulfil.
The process and procedures for making an appeal to the AAT, is quite complex. You should consider seeking legal advice immediately if thinking about taking the appeal option.
If you are the applicant of a decision involving a visitor, student, partner, family, business or skilled visa – whether it was refused or cancelled – talk to us for help with making an appeal.
Remember that there are strict time limits for lodging an appeal to the AAT from the day you are given notice of the decision; you must act promptly if you want to appeal. The lawyers at GML can do so.
Claim your consultationThe AAT Appeal Hearing
AAT appeals commonly include a hearing. The hearing will typically be held at an AAT hearing room in your nearest state capital. The AAT will contact you and inform you of the date, time and location of your hearing. If you wish, you may request to have an interpreter in your hearing.
In many AAT appeals, the hearing will take place in person however, under special circumstances, you may be requested to attend your hearing via video conference or telephone.
An AAT hearing is an important opportunity to tell your story in detail and address any issues that you may have found in the Department’s visa refusal decision. It is important to be well prepared for the hearing, to have supportive evidence and to ensure all the legal criteria are met in order to have a successful appeal. The migration agents and lawyers at GML have represented clients successfully at the AAT on many occasions.
The AAT Appeal Decision
The AAT can decide to either “remit” or “affirm” the decision by the Department of Home Affairs.
If the decision is “affirmed” it means that the AAT agrees that your visa application should have been refused or your visa should have been cancelled. If the decision is “remitted” this means that the AAT does not agree with the basis on which your application was refused or your visa was cancelled.
In the case of visa refusals, if the AAT remits the decision, your case will be forwarded back to the Department of Home Affairs for further assessment. The Department of Home Affairs will then look at any remaining requirements for grant of the visa.
If the AAT affirms the decision, you may be able to lodge a further appeal. The most likely option would be an appeal to the Federal CIrcuit Court.
You may consider appealing to the Federal Court if you think that there is a legal error in the decision by the AAT.
SPEAK WITH ONE OF OUR IMMIGRATION LAWYERS TO GET MORE HELP WITH APPEALING TO THE ADMINISTRATIVE APPEALS TRIBUNAL (AAT Appeal)
Contact Us TodayHelping People Just Like You
Navraj Singh L.
I had a great experience working with Vivek from Gold Migration Lawyers on my partner visa (subclass 820). From start to finish, he was extremely professional, transparent, and genuinely empathetic towards our situation.What stood out the most was his clear communication and prompt responses — we were never left confused or waiting too long for answers. He explained every step of the process in a simple and honest way, which made a stressful situation much easier to handle.Vivek was always approachable and made us feel confident that our application was in good hands. Thanks to his guidance and support, we achieved a successful outcome.Highly recommend Vivek and the team to anyone needing immigration assistance.read more
cory
We recently applied for the Partner Visa 801 and had the pleasure of working with Jessie Li from Gold Migration Lawyers. Our case was quite difficult, as we had not lived together for very long, but Jessie Li guided us through the entire process with incredible skill and care.She helped us tremendously by:- Assisting with our documents and carefully revising them- Giving us regular updates so we always knew what was happening- Guiding us step-by-step to ensure we had the best possible chance of successThanks to Jessie’s Li expertise, we felt supported and confident throughout what could have been a very stressful time. She truly is the best at what she does.The only downside is that their services are a bit on the pricey side, but in our experience, they were absolutely worth it for the level of professionalism, support, and peace of mind we received.We are very grateful to Jessie Li and Gold Migration Lawyers for all their help.read more
Robert E.
Gold Migration Lawyers for ImmigrationI found Bilal Ahmad of Gold Migration Lawyers very helpful in helping me receive my subclass 100 Partner Visa in record time of just two months.They tell me it is extremely rare to be granted this Visa so quickly, I put it down to Bilal from Gold Migration Lawyers being so prompt in any question I had.I always received a response from Bilal very quickly. He was very thorough in making sure we had everything that was required and correct.Five stars for the best service!read more
Rachel D
Gold Lawyers were fantastic when my husband and I applied for the partner visa, We were updated often about our progress and I highly recommend them to anyone needing assistance.A special Thankyou to Vivek,From 2653 😊
Len G.
Thank you so much Gold Migration Lawyers for assisting our Partner Visa (Subclass 309/100) application all the way for more than a year. Especially thanks to Bilal who did the biggest part of this journey from biometrics taking upto the last part of the application. It was a long journey but Gold Migration Lawyers have made it possible as we got the double grant visa. Again, thank you so much for everything. Now me and my partner can start our forever together, no more LDR. ❤️ ❤️read more
Donna
I would highly recommend Gold Immigration Lawyers especially Bilal Ahmad who was dealing with my Visa case. Bilal was very professional, acknowledgeable and supportive over the 2 year time frame dealing with him. Due to unforeseen circumstances I didn’t get to the end to get an answer unfortunately but I cannot speak highly enough of Bilal for the timeless effort he put into my case.read more
Zeek K
I’m truly grateful to Gold Migration Lawyers, especially Mr Ahmad, for all their support and dedication in helping me with my visa. From the very beginning, they showed kindness, professionalism, and genuine care.Mr Ahmad guided me through every step and represented me with great commitment at my ART hearing. Thanks to their hard work and faithfulness, my case was successful, and my claim has been remitted.I can’t thank them enough for being there for me during such a difficult time. I highly recommend Gold Migration Lawyers to anyone who needs trusted and compassionate immigration support.read more
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⭐️⭐️⭐️⭐️⭐️ Exceptional Service — Our Visa Granted Today!My fiancée and I are beyond grateful to Gold Migration for their incredible work in helping us secure our visa — granted today!From day one, Callum and Kim went above and beyond to guide us through every challenge of our complex situation. They handled every document, delay, and uncertainty with such patience, diligence, and professionalism that we always felt confident we were in the best hands.Our case was not a straightforward one, yet the Gold Migration team approached it with absolute dedication communicating clearly, and providing reassurance at every stage. Their attention to detail and depth of knowledge truly set them apart.We are both deeply impressed and thankful for the outstanding effort and genuine care shown throughout the process. Gold Migration turned what could have been a stressful journey into a success story, and we cannot recommend them highly enough.Thank you, Callum and Kim — your expertise and commitment have changed our lives.— Joshua & Nattayaread more
Margaretha L.
Thank you so much for Joshua Elsbury and Gold Migration Lawyers, I over the moon when wake up in very early morning at 5am (indonesia time) , where in australia is 9am, Joshua send me email that my 309 visa is granted, and not only that, he pleased to announce, I got Double granted in 6 months. Which is DHA also finalised visa 100. Im officially Permanent Resident of Australia. Keep up Gold Migration Lawyers Firm, I really recommend this firm to anyone that seek or on doubt with visa processing. Please hurry to book appointment here. Joshua, he is kind, prompt and really some can discuss and make us no doubt about our visa.read more
AAT Appeal – frequently asked questions
Can I appeal my visa refusal?
In most cases, you have the right to appeal – if you do, it will state it on your Refusal Letter under the “Review Rights” heading. For a number of temporary visa subclasses, if you’re offshore when the Refusal is decided, you will have no review rights.
Where can I appeal my visa refusal?
In most cases, when you have the right to appeal, you can appeal to the Administrative Appeals Tribunal (AAT).
How many days do I have to file my appeal with the AAT?
Depending on the type of visa refusal, the Applicant will usually have 21 days to appeal to the AAT. The appeal must be lodged by the due date and needs to be lodged directly with the AAT.
Can I get the refusal decision overturned at the AAT?
Depending on the reason(s) for refusal, you may have a chance of getting the decision overturned at the AAT. Some common refusal reasons can be successfully argued at the AAT, especially with new supporting documents and evidence
Is it the same process for a visa cancellation?
In some cases, yes. However, you cannot appeal a decision if it was made by the Minister personally.
What are the most common reasons for a Visa cancellation?
Common reasons include student visa holders not attending classes, temporary partner visa holders not notifying the DHA of the relationship ending, andvisa holders providing bogus documents or failing the Character Test.
