Appeals
Have you recently had a visa, sponsorship or nomination refused or cancelled? Are you wondering what to do next? The Administrative Appeals Tribunal (AAT) is able to consider a wide range of visa-related decisions, including refusals and cancellations. Decisions are based on the particulars (merits) of each case.
Requirements
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.
What happens next?
The AAT can decide to:
- affirm the Department's decision, meaning that it 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.
Can I stay in Australia while my case is lodged with the AAT?
You MAY qualify for a bridging visa, upon lodgement of your review application, that will allow you to remain lawfully in Australia while your review application is under consideration at the AAT. The type of bridging visa that you qualify for (if any), along with the conditions of that visa, including work rights, 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 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.
How Migration Plus can help
We have a dedicated team of AAT case specialists and we have successfully assisted many clients with their cases before the AAT to have decisions changed (set aside) in favour of our clients.
We will review your case
As a first step, we will critically review your case and its merits, explaining to you the reasons for Department’s decision and the any opportunities that may exist for AAT review. We can then prepare and lodge your review application with the AAT for consideration within the required timeframe.
We will prepare written submissions for you & can attend a scheduled hearing with you
Beyond lodging a review application, we can prepare, and lodge, detailed written submissions with the AAT on your behalf to support and argue your case according to its merits, and AAT and legal precedents already set.
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.
We take AAT review matters seriously and we are on your side. Contact us today for a confidential appointment to discuss your case.
Georges Abou Rjeili
Rating: 5 stars
I highly recommend Migration Plus if you are looking to migrate to Australia. They were very helpful and supportive through out the whole process of my visa application specially Dr. Anna Morozov. In fact, I got my partner visa 820 in less than 3 months and now I’m a permanent resident. The follow-up and advises they had for me were very efficient.
Brian Pohakiu
Rating: 5 stars
I am so grateful for the MigrationPlus team especially Fiona and Mateja, their expertise engaged in overseeing the 482 visa (Labour Agreement) application process from the start to the eventual granting of the visas, for me and the entire family. Very competent and efficient service.
채원석
Rating: 5 stars
First of all, I would like to say a huge thanks to Mrs Mateja who consulted my case. When I left Australia, I almost gave up to get a permanent visa but I made it now. As an offshore applicant, it was not easy but Migration Plus is very helpful and professional. Absolutely, I suggest the Migration Plus to people who are preparing any visas in Australia.
Alan Galiñanes
Rating: 5 stars
HIGHLY RECOMMENDED. EXCELLENT SERVICE AND PROFESSIONALISM. THEY MADE OUR DREAM REALITY. FOREVER GRATEFUL WITH THIS TEAM. THANKS.
Debbie Liu
Rating: 5 stars
Highly recommend Migration Plus, great service with the professional team. Thank you heaps :)
