AAT

Home | AAT/FCC | AAT

Project Introduction

AAT is Administrative Appeals Tribunal. It does not only handle cases related to visa refusal and cancellation, but also handles cases related to Australian citizenship, child support, family assistance, social security, taxation, etc. When your visa is refused or cancelled, you can appeal to AAT for review, if successful, you have the opportunity to get your visa again. Please note that only the visa refusal or cancellation submitted in Australia has the right to apply for appeal, and the visa refusal submitted overseas has no right to appeal. After the general visa is refused, you can appeal in advance within the specified time according to the requirements of the visa refusal letter (if the visa is refused, the appeal is generally within 21 days, and the visa cancellation is generally within 5 or 7 days). If you exceed these deadlines, you may lose your right to appeal unless there are special reasons. If you accidentally miss an AAT appeal, you can only appeal directly to the FCC circuit court.

After an appeal, the AAT will review your application, called a “Merits Review,” to reconsider all evidence, including new evidence, and make the following decisions:

Overturn the visa refusal decision and send the case back for retrial (Set Aside) or

Uphold the decision to deny the visa (Affirm) or

Change/overturn the decision and give a new decision (Remit)

AAT / MRD Review Appeals

Under Commonwealth Law, the Australian Administrative Appeals Tribunal (AAT) conducts independent merits review of a wide range of administrative decisions made by the Australian Government. Migration & Refugee Division (MRD) is a part of the AAT division, and it can review some, but not all, decisions about visas made under the Migration Act 1958 by the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration, such as visa refusal and visa cancellations.

The application fee for an AAT review is normally $3,153, except in special circumstances as regulated by law.

Scope of Application

Scope of Review Appeals:

Generally, the immigration officer will write to the visa applicant in the visa refusal notification letter or cancellation notification letter, saying whether the applicant is entitled to apply to the AAT for a merits review of the decision and statutory date limitations for review. The Visa categories that are normally eligible for AAT appeal include

Student visas (submitted within Australia)

Skilled migrant visas (submitted within Australia)

Employer-sponsored visas

Family reunion category visas

State government-sponsored business migration

Family-Sponsored Tourist Visit Visa

AAT Review Process

Submit a valid appeal application to AAT (either online, in person or by mail) and pay the appeal fee.

Upon receipt of the applicant's application materials, AAT will send an acknowledgement letter to the applicant. At the same time, AAT will request the Department of Home Affairs to provide the relevant documents.

Once AAT confirms that the applicant's documents are correct, the AAT will start assessing the case and arrange the hearing.

AAT invites the applicant to attend the hearing or provide additional materials as necessary.

AAT makes a decision and notifies the applicant of the outcome in writing.

Review Results

AFFIRM: AAT determines that the Department of Home Affairs’ decision to refuse or cancel a Visa is correct, and the decision is not changed.

SET ASIDE: The AAT finds that the decision of the Department of Home Affairs to refuse or cancel a Visa should be amended and the AAT may make a new decision to replace the decision made by the Department of Home Affairs under the immigration law.

REMIT: AAT believes that the decision of the Department of Home Affairs to refuse or cancel a Visa should be reconsidered. The matter is sent back to the decision-maker (Department of Home Affairs) to make a new decision.请。

No Jurisdiction: AAT considers itself without authority to assess the applicant’s case. AAT cannot undertake a review because it is not a valid application

Precautions

What do you need to pay attention to in Australian AAT appeals?

1.You need to submit the application strictly in accordance with the 21-day or 5-day time limit.

If you are legally in Australia at the time of the appeal, the AAT will automatically extend your bridging visa after submitting the appeal, allowing you to continue to stay legally in Australia until a result of the appeal is issued. During this period, the AAT may ask you to provide more information or invite you to a hearing.

2. AAT Hearing Preparation:

At this point, we want to provide all the latest evidence from you. According to the laws and regulations, we will explain the specific reasons for the appeal, and put forward arguments, so as to try to overturn the previous decision of refusing or cancelling the visa for you.

3. Attend an AAT Hearing

Although we have prepared a lot of paperwork and evidence for you, it is very important to your appeal that you take the opportunity to defend yourself in person. At the same time, AAT will also provide free translation services. If your English is not very good, you can ask a translator to help you on the spot.