The Administrative Appeals Tribunal is not part of the Department of Home Affairs. It is an independent body that can review the Department’s decision to refuse or cancel a visa.
The Tribunal can only accept applications made by a person who has the right to apply for a review. If your review application is valid, you may be entitled to a bridging visa that will let you stay in Australia whilst the application for a review is pending.
In a Merit’s Review, the Administrative Appeals Tribunal (‘AAT’) takes a fresh look at the information that you and the Department of Home Affairs has submitted and utilises the same legal criteria followed by the Department when making the original decision.
You may be required to attend a hearing with the AAT to present your case and answer questions. This is your opportunity to present new information in support of your matter. After the hearing or considering written submissions, the tribunal decides on the application. If the Tribunal disagrees with the Department’s decision it will remit the decision, which means the application will be returned to the Department of Home Affairs to finalise.
If the AAT affirms the decision (meaning that they agree with the Department’s original decision) you can seek Ministerial Intervention
or go to the Federal Circuit Court.
AAT review
We discovered a problem when we received a letter from immigration stating that our Second Stage Permanent Partner visa was refused. The reason for refusal was due to adverse information that the Department of Immigration believed should have been noted in the initial application. This adverse information related to my character background.
After being refused the right to remain in Australia we had 21 days to lodge a review with the Tribunal AAT.
Seeking professional guidance is crucial when assessing the application for submission to the AAT, ensuring that the grounds for the initial rejection are effectively dealt with. A single consultation has the potential to not only save costs, but also safeguard your prospects in Australia.
Before any immigration advice can be provided, we must hold an initial consultation which will attract a fee commencing from $385.
Migration Downunder acknowledges the Traditional Owners of the lands as Australia’s First Peoples and recognise their continuing connection to lands, water and country. We pay our respects to First Nations peoples and their Elders, past and present.