Applicants applying for Australian visa must understand that not everyone shall be granted with visas. Applicants may receive notifications of visa refusals from Department of Home Affairs. If you have received a negative notification please do not worry, you may appeal the visa refusal or cancellation to the AAT (Administrative Appeals Tribunal).
Applicant must receive the decision letter from the Department of Home Affairs which states Migration Division of the AAT can review the decision, after which a review application can be registered.
What is the AAT?
AAT stands for Administrative Appeals Tribunal. It is a statutory body. AAT has the power to conduct independent merits review decisions made by the Department of Home Affairs. The AAT was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976. Later on 1 July 2015, The Migration Review Tribunal (MRT), Refugee Review Tribunal (RRT) and Social Security Appeals Tribunal (SSAT) were integrated with the AAT.
A Tribunal Member will review applicant’s case and assess facts. They also take new evidence relevant to applicant’s case into consideration to come to a decision that is both fair and lawful. Their decision can overturn any preceding decision or return case to the officers of the Department of Home Affairs for reconsideration. Applicant will be represented by a migration agent or a migration lawyer at the AAT hearing.
Timeframe for an Appeal for Review
Timeframe for an appeal for AAT review varies depending on type of appeal. In general, applicants must lodge along with applicable fee, their appeal within 21 days. However, it is within 9 days if the visa has been refused on character grounds, and 28 days to lodge application for Refugee Visa review.
Step by Step Process for AAT Review Decisions
1. Applicant must submit a complete online application for review within given time period:
A notification of a decision by the department is required for the review. Applicant may be required to pay applicable fee online. Genuine and detailed information are to be submitted in the application.
2. Receive confirmation letter from AAT:
AAT shall send applicant a confirmation letter of application for review. AAT shall notify Department of Home Affairs about the application for appeal and request to provide all the documents related to the case.
3. Date of hearing shall be set by AAT:
Applicant’s case shall be allocated to a Tribunal Member and they may invite applicant to comment or provide information or be present on the hearing.
4. Submission of evidence to AAT:
Applicant must provide all relevant evidences related to the case no later than 14 days from the date the application was lodged or the date the representative was appointed, whichever is the later. Further, any new material, claims or evidence to your case has to be sent 7 days prior to any scheduled hearing.
5. Hearing & Decision:
The hearing is an opportunity for applicants to present information and communicate with the Tribunal Members face to face or via video chat. Hearing process duration depends on various factors. After minute observation and understanding, decision will be made.
What Happens If My Application for Review Isn’t Successful?
In this case, applicant can make an appeal to the Federal Court or file an application for Ministerial Intervention. This might be a complex process therefore many applicants appoint a specialist migration lawyer to represent them. Goodway Education and Visa Services works closely with excellent migration lawyers and their firm. We will be happy to introduce you with them to help you with visa related issues.