Administrative Appeals Tribunal (AAT Appeal)

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…

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.

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The 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)

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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.

Bastian Alarcón Vergara
Bastian Alarcón V.
I was very satisfied with these guys and how my visa application was handled. We started the process early on together with my sponsor to make sure we had enough time to sort out all the required documents for the application. It only took 6 weeks from the date we applied to get my 482 Skilled Shortage Visa granted which was much quicker than I was expecting. Highly recommended.read more
Ezequiel López Casa
Ezequiel López C.
These Lawyers are fantastic! A special thank you to Kiri. I applied for my partner visa in June 2021 and we were approved January 2022. Kiri and the team at Gold Migration Lawyers were very helpful and down to earth. They made the process very easy. I definitely recommend!read more
Brendon Vuntarde
Brendon V.
Gold Migration have been a pleasure to work with from the day we submitted our application for Partner Visa back in February 2020. They have been very proactive in keeping us up to date and also ensuring that my wife and I had all the information we needed.We both highly recommend Gold Migration Lawyers as they are very good at what they do and are a pleasure to work with.read more
SP Rebrov
SP R.
Most importantly, delivered a positive outcome for my 866 application. Highly recommend the service to anyone seeking protection in Australia.
Kasturi Vijayan
Kasturi V.
Gold migration are one of the best lawyers we have ever dealt with. We were in the verge of loosing hope with my husbands 461 visa and they took over the case and among all other lawyers they were the only ones that gave us positive reinforcement. It is a glorious end when my husband got the visa granted this morning after weeks of sleepless night and having so much uncertainty. I can’t thank gold migration lawyers enough for all the work they have done in this process. I would highly recommend them for any of your legal needs. Andreas you are amazing as well as all your team you work with, can’t thank you guys enough.read more
Johan Mitchell
Johan M.
I received the first stage of my partner visa in <11 months. Great service.
ngoo wei kang
ngoo wei K.
got my visa granted in very short time, very professional and efficiency lawyer, highly recommended.
John Langdon
John L.
If you are looking for professionals who take pride in their work and strive for the best possible outcome, look no further than Gold Migration.They have helped me and my partner obtain a PMV visa in 6 months, a process than can take up 28 months, so the calibre of their standard speaks for itself, I would like to thank you all so much for all of your efforts.read more
Jayden Fisher
Jayden F.
Thank you so much to the team at gold migration for your amazing work, quick responses and professionalism. Without your help I don’t know where we would be right now!Honestly cannot thank you all enough. You’ve made these tough times a lot easier and the future for me and my fiancée much brighter!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.