Administrative Appeals Tribunal 

Visa Refused or Cancelled?

Speak with one of our expert immigration lawyers regarding AAT Merits Review Today…

Administrative Appeals Tribunal 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. 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.

Call 1300 320 300 Claim your consultation

The AAT

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.

Time Limits

The importance of taking notice of this information cannot be overstressed. But if you have the legal right to make an appeal, 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.

Claim your consultation

Appeal Process

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 consultation

The 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 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 Appeal To The Administrative Appeals Tribunal (AAT/MRT)

Contact Us Today

Helping People Just Like You

What matters to us most is what our clients have to say about their experience once everything has been resolved. Below are some of the messages we have received from people we’ve represented.

Lach S
Lach S
We get our visa in record time Could not believe it. Immigration says 2 years and they get it in weeks. Mr andreas is very amazing man and me and family owe you and gold lawyers forever
Asmita Karki
Asmita K.
Thank you for Great service.Got Visa in very short period.The team was helpful all the way from start till visa grant.
The EM Fam
The EM F.
I am very pleased with these Migration Lawyers!I got both my Temporary and Permanent through them in a breeze! If you need your visas accepted go to them.They are the best!! Thank you!!
Gerlyn Oliva
Gerlyn O.
I came to Gold Migration lawyers few months ago distraught about my application for permanent residency.It was over 3 years ago since I have applied for my PR and still did not receive any approval. Gold migration gave me assurance that they will facilitate and follow up with the department. They were very detailed and precise with their advise. All requirements and paperworks were tripple checked by them before its submitted to the department.Very prompt in answering all queries and overall very happy with their service.I recieve my Permanent Residency today and I am extremely grateful for this fantastic Lawyers who made my dreams come true after few years of stressing and worrying about my status in Australia..Thank again Peter and your team for helping me..Will definitely recommend your firm to everyone I know whose struggling with their migration process.read more
Daniel Markos
Daniel M.
Best team of migration agents and lawyersAndreas helped me get my citizenship very fast .10 out of 10 thann you so so much
King Kaif
King K.
Thank you Andreas and team. The best law firm in town. i would highly recommend them for any migration n citizenship services. They were very prompt in following up with paper work for my citizenship which was complicated case. would rate them above 5 starsread more
Michael Gianoulias
Michael G.
Helped with my visa. Andreas is the best Greek agent in melbourne
tynal chruy
tynal C.
Very responsive and walked me through each steps along for the whole process.
Harry Milonakis
Harry M.
I wish I could give more than 5 stars. They are the best lawyers in Melbourne city. Andreas and Ramtin helped me so much and I couldn't have asked for a better service. Thank you so much and I will be recommending you to everyone I come across.read more

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.