Administrative Appeals Tribunal
The role of the Migration and Refugee Division of the AAT is to review decisions made by the Department of Home Affairs (the Department). The AAT have the power to affirm, vary or set aside the Department's decision, or to return the matter to the Department for reconsideration with specific directions. The AAT is able to consider a wide range of visa-related decisions, including refusals and cancellations. Decisions are based on the merits of each particular case.
Your application for review MUST be lodged with the AAT within the required time frame. The letter that you receive from the Department regarding the decision to refuse or cancel your visa will refer to the exact time frame within which you must lodge your review application, should you take this step. In most cases the relevant time frame for application is 21 days from the date of a decision to refuse a visa application, and 7 days from the date of a decision to cancel your visa.
The AAT can decide to:
- affirm the Department's decision, meaning that is agrees with the Department's decision and it will not be changed;
- set aside the Department's decision, meaning that the decision will be changed. In this situation, the AAT has the option of substituting the Department's decision with a new decision, or returning the matter to the Department for reconsideration (see below).
- remit the Department's decision, meaning that the matter will be returned to the Department for reconsideration. The AAT may then give the Department directions that it must take into account when reconsidering its decision.
You MAY qualify for a bridging visa upon lodgement of your review application. The type of bridging visa that you qualify for (if any), along with the conditions of that visa, will depend upon your circumstances at the time that you lodged the visa application that is under review (if the review relates to a refusal decision).
Please note that it may take up to several months for the AAT to complete its assessment of your application and make a decision, depending upon the amount of material that it must consider, and the complexity of your case.
What Migration Plus can do for you
Preparation & lodgement of review application
We can prepare and lodge your review application with the AAT for consideration.
Preparation of written submissions & attendance of scheduled hearing
Should you be asked to supply further information in support of your review application and/or to attend a hearing scheduled by the AAT, we can prepare and lodge detailed written submissions with the AAT on your behalf. We can also help you to prepare for your hearing, attend the hearing with you and assist you with presenting your submissions to the AAT. This includes helping you to answer any questions that the AAT may have regarding the grounds for your application.