Everything your should about visa refusal appeal – AAT procedure.
If your visa is refused or cancelled, you may be able to apply for AAT review – to have the decision reviewed by a merits review tribunal.
This includes decisions about visitor, student, partner, family, business or skilled visas. This is called ‘making an appeal’.
The AAT is an independent organisation that reviews government decisions. Within the AAT, specialist offices review specific types government decisions.
There are strict time limits for making an appeal. The time limit cannot be extended.
You should get legal advice immediately after you receive the decision.
If your visa is refused or cancelled, you may give 28days to appeal if you are onshore to apply for AAT review.
The application fee of $1,862 is for most cases, when you apply to review a visa decision by the Tribunal.
The application fee can be reduced to $913 if the Tribunal:
If the Tribunal decides that your application for review is invalid, you will be refunded the whole amount.
If you withdraw your application, the Tribunal can only refund your application fee in very limited circumstances.
The review tribunal will make one of the following decisions:
This is when the AAT agrees with the department’s decision to cancel or refuse your visa and so the decision that the department has made will stand.
the Department’s decision, meaning the AAT has the view that the decision should be changed. The AAT may replace (substitute) the decision with a new decision.
the Department’s decision, meaning the AAT has the view that the decision must be reconsidered. The department is required to reconsider the application having regard to the directions made by the AAT.
meaning the AAT had no power to review the departments decision.
If you apply for a review of a decision at the tribunal and you lose, you may be able to appeal to the Federal Circuit Court or Federal Court.
Or, Application for Ministerial intervention if you think there is a good reason or case for the minister to intervene in your case.
Some decisions to refuse or cancel a visa made by the Department of Home Affairs can be review by AAT. The decision letter you have received from the Department will tell you if you can review the decision or not.
Migration agents and lawyers can assist with visa applications, legal matters and provide general information with your visa options and applications
If you want to migrate to Australia, a migration agents and lawyers can help with: