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…
BOOK A CONSULTATION
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.
Call 1300 320 300 Claim your consultation
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.
Claim your consultation
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
Vigo L.
I am really grateful to have found Gold Migration Lawyers, especially for Bilal Ahmad to assist me with my visa application. He provided a very clear guidance and explained every steps for my visa application to make sure for a very smooth and strong visa application.He was very professional, patience, and always paying attention to details to make sure I understood all the requirements and what I needed to do, from the very beginning of preparing for all of my documents until the interview. He guided me through every steps of the way.I am able to get my PR granted approximately in just 9 months since lodging. That is far shorter than what I have expected, but thanks to Bilal Ahmad and his team’s assistance and great work, we are able to get that good result so guickly.I truly appreciate their hard work and would highly recommend their services to anyone looking for a trustworthy and knowledgeable immigration lawyer.read more
Jamie J.
I had an outstanding experience with Bilal Hossain as my migration lawyer. From the very beginning, he was extremely professional, kind, and always took the time to listen carefully to my situation. He handled my case with great attention to detail and ensured everything was submitted perfectly.His communication was excellent — always clear, responsive, and he never missed a call when I needed guidance. What really stood out was his deep knowledge and understanding of what works and what doesn’t in visa applications.I received my PR in just 4 months after my interview , which honestly exceeded my expectations. The entire process was smooth, stress-free, and very well managed.I paid around $9,000 AUD, and it was absolutely worth every penny. There were no hidden costs, and everything was transparent from the start.Even after my visa was granted, he continued to stay in touch and offer support, which shows his genuine care for his clients.He is truly one of the best in the market. If you’re looking for a reliable and knowledgeable migration lawyer, I highly recommend booking Bilal — you will not regret it.read more
Zain K.
During the two-year waiting period, Bilal Ahmed provided invaluable support. My visa was granted after 23 months with two RFIs. We were confident in his expertise and ultimately secured the visa. His professionalism is commendable.read more
Carlos T.
My husband’s Partner Visa has been granted thanks to the amazing work of Bilal Ahmad.
Hendra W.
Bilal was amazing. He went above and beyond his duties as a lawyer in assisting us to achieve a successful outcome.
Ishaan “Sean” M.
I recently worked with Bilal Ahmad from Gold Migration on my protection visa matter, which was rejected last year by Department, due to non-satisfactory grounds and proceeded to the Tribunal.Due to the high‑risk nature of the case, not many lawyers were willing to take chances with my case not to affect their records.I am extremely grateful for the successful outcome and truly believe that Bilal’s expertise and dedication played a major role in achieving this result. As the whole process was sorted and positive outcome was received within matter of months .From the beginning, Bilal took the time to understand the complexities of my protection claims and the difficult circumstances. He approached every part of my case with professionalism, empathy, and deep knowledge of protection‑based legislation and Tribunal processes.Throughout the entire journey, Bilal:⦁ helped me organise and present my evidence clearly and consistently⦁ prepared strong written submissions addressing credibility, country information, and all relevant legal criteria⦁ explained each stage of the Tribunal process in a calm and clear way⦁ supported me during an emotionally challenging time with patience and respectAt the Tribunal hearing, His advocacy ensured that my situation was fully understood and that the key facts and risks were communicated accurately and respectfully.Thanks to his hard work, the Tribunal accepted my protection claims and granted a positive decision. This outcome has changed my life, and I am incredibly thankful for Bilal’s dedication and professionalism.I highly recommend Bilal Ahmad and the team at Gold Migration to anyone seeking support with protection or refugee matters. His knowledge, compassion, and commitment to his clients are exceptional.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 😊
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.
