Administrative Appeals Tribunal - AAT | MJLegal
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Administrative Appeals Tribunal

The AAT known as the Administrative Appeals Tribunal (AAT), reviews decisions made by administrative authorities under commonwealth legislation. For migration purposes, the AAT reviews decisions made by the Department of Home Affairs, under the delegation of the Minister of Home Affairs, Immigration and multicultural affairs specifically those related to visa refusals and cancellations. If your visa is refused or cancelled while you are in Australia, you often have the right to seek a review of this decision by the AAT. If your visa is refused, you are provided a notification of refusal by the Department which will inform you whether you have review rights or not. The right to review provides you the opportunity to represent your case, provide additional evidence and arguments to support your position on the matter.

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Eligibility criteria for AAT appeals

  • Have rights to review the decision that was made

  • Be refused or cancelled a visa from the Department of Home Affairs

  • Be subject to an administrative decision that can be a reviewed at the AAT

  • Lodge within the stipulated time frame

AAT Appeal process

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Your steps

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FAQs

If the Department of Home Affairs has refused or cancelled your visa and if your decision letter mentions that you have the right to appeal, then you can appeal to the AAT within the stipulated time.

You can lodge an appeal through the AAT website or through the AAT registry. You should ensure that all the relevant documents are present when you lodge your appeal application.

The current application fee is AUD 3,469. You can request a fee reduction from the tribunal by completing the required form. If the tribunal is satisfied that paying the fee would cause you severe financial hardship, they will reduce it.

The time frame will vary depending on your visa decision letter. The usual time frame is 21 days form the date of the visa refusal letter.

It is not mandatory to have a lawyer or a migration agent. However, it is highly recommended to have professional assistance of a migration lawyer over a migration agent as the AAT process requires you to navigate a lot of legal complexities.

The time taken by the AAT to provide a decision will vary depending on the specific case. Usually the AAT will notify you of their decision in writing within 2 months following the hearing.

If your appeal is unsuccessful, you can look for other options such as looking for other visas or seek a judicial review in the Federal Circuit Court.

When you lodge an appeal application at the AAT, you will continue to hold the Bridging Visa A you were holding at the time you made the relevant application that was refused.