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 until the application for review is finished.
In a merit review, the Administrative Appeals Tribunal takes a fresh look at the information from you and the Department of Home Affairs using the same legal criteria followed by the department when making the original decision.
You may be invited to attend a hearing to present your case and answer questions. You can also make written submissions to the tribunal. After the hearing or considering written submissions, the tribunal decides on the application. If tribunal disagrees with the department’s decision it can ask the department to revisit your application.
We cannot tell you how long a review might take because every case is different.
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.
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