Services: Administrative Appeals Tribunal

 

The Administrative Appeals Tribunal (AAT) is a body which reviews government decisions – specifically, if a decision has gone against you there are circumstances under which the decision can be reviewed by the AAT and, if the AAT feels that different decision can be made, the decision can be ‘overturned’.

The AAT is the next step if you have had an immigration refusal or cancellation such as a partner visa refusal or you have failed a health waiver.

Broadly, there are three areas that the AAT reviews under The Migration Act 1958:

  1. Migration Decisions
    Eg. to refuse or cancel a visa or matters such employer nomination refusals.

  2. Refugee/Humanitarian Decisions
    Eg. to refuse or cancel a protection visa.

  3. Character Matters
    Eg. If a decision is made against you on the basis of character concerns.

  4. Citizenship Refusals

 

Not all matters can be brought to the attention of the AAT, but many can. The AAT describes its role as:

“In conducting a review of a decision about a visa, we will consider the case afresh and have the power to change the decision under review” (link)

What to Do

If you have had a decision against you, you must act quickly. 

  1. There is a time period to apply (generally 35 days) and if this is missed the review opportunity is gone.

  2. An application fee of $3,000 AUD is to be paid.

  3. The AAT will invite you to present your case before a Tribunal Member. You must be fully prepared with all documents, arguments and evidence identified and submitted in advance.

 

Visa Migration Services Australia has assisted clients to have their decisions overturned – from Partner Visa refusals, Carer Visa refusals to Talent Visa refusals.