September 21, 2022
Administrative Appeals Tribunal
Administrative Appeals Tribunal
If your visa has been refused or cancelled, you may be able to appeal the decision by appealing your application with the Administrative Appeals Tribunal (‘AAT’) in limited circumstances.
The AAT is a merits tribunal that can review some, but not all, decisions about visas made under the Migration Act. If your case falls under the AAT jurisdiction, they will be able to review your visa refusal, re-consider the facts and circumstances surrounding your claim, and decide whether to uphold or remit the decision made by the Department of Home Affairs.
COMMON VISA REFUSAL MYTHS
AAT cannot review overseas applications
AAT cannot review overseas applications
If the visa applicant is overseas, in most cases, the Australian sponsor who sponsored the applicant for the visa can make the application for review. However, if the applicant has no sponsor, you may not be eligible to apply from overseas. Reach out to check your eligibility.
OUR PROCESS
AAT Outcomes
Affirm the decision
Affirm the decision
The decision by the Department of Home Affairs will remain unchanged.
Vary the decision
Vary the decision
AAT will change the decision made by the Department of Home Affairs.
Set aside the decision
Set aside the decision
The Department will set aside the decision by the Department of Home Affairs and replace it with a new decision.
Remit the decision
Remit the decision
The Department will be sent back to the Department to make a new decision.
frequently asked questions
The AAT will either inform you of the decision at the end of the hearing or in writing later.
You are generally granted a bridging visa while waiting for your hearing. You can check your work entitlement by doing a VEVO check. Alternatively, we can review this with you. Please send us an enquiry using the enquiry box.
The Tribunal cannot waive your application, but sometimes AAT can reduce the application fee by 50% if they decide that paying the fee would cause you severe financial hardship.
Typically, you must lodge an application for review within 28 days after the visa refusal.
The AAT will refund the following:
- The entire application fee if you were not required to pay it
- The difference between the fee you paid and $100, if AAT grants you the reduced fee
- The difference between the fee you paid and $100 if the review is decided in your favour.
- There would be no refund if you paid the reduced fee of $100.
Yes. You can represent yourself at the AAT. However, we highly recommend that you obtain immediate advice from a Registered Migration Agent specialising in such Review (Appeal) cases. Simple mistakes in legal interpretation or knowledge of correct procedure and timing can result in an unsuccessful appeal and having to leave the country or appeal to the Federal Circuit court (exceedingly expensive) or risk being placed in immigration detention.
Some AAT decisions are made public in the AustLII website
What our clients have to say
Phil and the SMC team were fabulous! Highly recommended. Our case was very very complex. Katherine was Stateless living in a Burmese refugee camp in Thailand. No passport, no ID documents. Health checks were required outside of the camp, a police check waiver was required, an ‘exit permit’ from Thailand and so many other difficulties. Phil guided us through and went well above his responsibilities to help us with everything from A-Z over more than two years. We would recommend SMC without hesitation.
I can’t express my gratitude enough to SMC for their care, support and amazing work. My case was a complex partner case involving family violence that required many extra layers of work and support. I am now a Permanent Resident and moving on with my life. SMC provided emotional support (not a core area of their work!) and showed patience, diligence and the highest level of knowledge to achieve a successful outcome. I highly recommend Phil West and SMC for your visa process.
We wish to express our heart-felt thanks for Phil & the SMC team for their amazing service for our really complicated and difficult case.
My wife and small son were in a refugee camp with no passport or ID Card. The complications for them to travel out of the camp to go to medical exams, obtain a Thai ‘Exit Permit’ were very difficult and involved communication with the International Organisation for Migration & the Thai Ministry of the Interior as well as the visa processing desk at the embassy. The SMC team went well beyond what they were obliged to do to obtain a positive outcome for us. The process started in 2018 when we submitted an incorrect visa. SMC took over our case, corrected this error and then worked over four years on our case. At times my wife and I were really stressed & anxious but SMC were able to help reduce this stress on a personal level showing patience and care.
In September 2022, my wife and son arrived as Permanent Residents in Australia and we were at last reunited to start the rest of our lives as a family together.
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Have a Question?
Please send us some basic information about your visa, citizenship or appeal concern.
