The Administrative Appeals Tribunal (AAT) can be extremely time sensitive and intimidating when attending your hearing. Knowledge of the law will play the upper hand, let us assist you with your appeal.
What is the AAT?
If your visa application was refused or cancelled, you may be able to appeal this decision to the Administrative Appeals Tribunal.
TheAdministrative Appeals Tribunal conducts independent merit review for administrative decisions made by Australian Government ministers, department and agencies and, in limited circumstances, decisions that are made by the state government and non-government bodies. The AAT also review decisions made under Norfolk Island laws.
Merits Review of a Decision
When you are appealing at the AAT, a new decision will be made on the facts of your case. The Member of the AAT has the power to:
- Affirm (not change) the primary decision (made by the department)
- Vary the primary decision
- Set aside the primary decision and substitute a new decision
- Remit (return) the matter back to the Department of Home Affairs for reconsideration
A typical process of the AAT Review
- Application: lodge the AAT review application;
- Submission: provide supporting evidence and legal submission;
- Allocation: Case allocation to a Member of the AAT, there may be a request for further information;
- Invitation & Attendance: invite you to attend a hearing
- whether in person or by telephone or by video, to give oral evidence and present arguments
- nominate other persons who could give evidence e.g. a Migration Agent
- suggest other evidence or materials the AAT might obtain
- Further Submission: Post-hearing submission before a decision if required;
- Decision: Decision will be received by the AAT containing the outcome and a statement of decision
When to lodge the AAT
The timeframe in which you must lodge a review to the AAT can vary depending on the type of decision you receive as well as, the method in which you had received the decision.
In general, if you wish to appeal a decision you must lodge it within 21 days.