AAT Appeals & Review
Administrative Appeals Tribunal (AAT) – review of visa cancellations or refusal decisions
The Administrative Appeal Tribunal conducts independent merit review of administrative decisions made under Commonwealth laws. These decisions could be made by the departments and agencies. The AAT reviews decisions on their merits. That means that the AAT takes a fresh look at the relevant case facts, laws and policies and make their own decision. The AAT has power to 1- affirm a decision, 2- to vary a decision, 3- to set aside a decision and substitute that with a new decision, or 4- remit a decision to the decision maker to reconsider based on the AAT direction.
AAT appeals and reviews are very common. In the case that a visa application has been refused, or a visa has been cancelled, there might be an opportunity for review of the decision. Whether your application has been refused, your visa cancelled or immigration department has issued Notice of Intention to Consider Cancellation of your visa, or you have received an invitation to comment on Adverse Information, you are advised to consult a migration lawyer or agent.
Not every case is able to go before the Tribunal, and there are specific procedural guidelines which must be obeyed. The Administrative Appeals Tribunal (AAT) is designed to be a cost effective and semi informal way of presenting to the Tribunal judge (called Member), why a decision should be changed. The applicant can be represented by an immigration lawyer or agent for the appeal.
The Tribunal can hear cases to do with the refusal or cancellation of every type of visa including refugee and protection visas. Review of refugee and protection visas under the “IMA” Fast Track are dealt with by the Immigration Assessment Authority (IAA).
There are very strict time limits for application to the AAT. This depends on the type of the immigration matter and the status of the applicant. To calculate the last day for application for review you must count the number of days including the day that you are taken to have been notified of the decision according to the Department of Home Affairs.
You should not miss this time limit as the AAT has no power to extend the time limit to lodge an application.
The time taken by the AAT to complete an appeal process depends on a series of factors. The type of review case and its complexity is an important factor in prioritising the case loads. The AAT tribunal will communicate with you or your representative about the time, location and mode of the hearing. You may have witnesses or additional new evidence to support your case.
We will assist in the following ways:
- Advice as to if the case is review-able and you can apply for the AAT appeal
- Advice on the chances of appeal success
- Advice on the strict time-frames for submitting an application to the Administrative Appeal Tribunal
- Our Review of your case and the refusal decision, and preparation of response as well as discussion on the required evidence
- Research and preparation of legal submission — this is a compelling legal document which tells the Tribunal the facts and argues your appeal case using legal precedence.
- Attendance and representation at the Administrative Appeal Tribunal hearing on the day
- Follow-up submissions to the Tribunal after the hearing
- Advice after the AAT decision is announced