“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 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.
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
If you have been refused a visa or has 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
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 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)
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frequently asked questions
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.
In most cases, when you have the right to appeal, you can appeal to the Administrative Appeals Tribunal (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.
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
In some cases, yes. However, you cannot appeal a decision if it was made by the Minister personally.
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.