Administrative Appeals Tribunal (AAT)
If you have been refused an Australian visa, one of the options for a review of this decision may be to apply to the Administrative Appeals Tribunal (AAT)
Not all decisions are ‘reviewable decisions’, but the department’s decision-maker will advise you in writing if the decision is reviewable, and what steps you can take if you want to ask for a review.
Powers of the Administrative Appeals Tribunal (AAT)
If the AAT decides that a decision to refuse a visa was incorrect, it has the power to set the decision aside and to grant the visa application. This is relatively rare, however, and in most cases where a decision to refuse a visa was found to be incorrect, the AAT will simply set aside the decision and remit the decision back to the DOHA for reconsideration.
In making a decision with respect to the visa application, the Department must take into account the directions of the AAT.
Types of decisions which are reviewable by the Administrative Appeals Tribunal (AAT)
Decision reviewable by the AAT includes:
- If a visa application (other than an application for a protection visa) has been refused, for example: Partner Visa
- The cancellation of a visa where the visa holder was in Australia;
- Refusal to revoke the cancellation of a visa if the person is in Australia;
- A determination on the points test for skilled migration visas, business sponsorships and nominations; and
- A determination on security bonds for bridging visas.
It is important to note that there are strict time limits for making applications to the AAT. The time limit will depend on the decision which is being challenged but for all decisions these time limits are relatively short. The cost of lodging an AAT application is also relatively costly, so we would recommend anyone seeking to challenge a decision to seek professional advice immediately. Furthermore, an application to the AAT can only be lodged beyond the time limit in a very limited jurisdiction to review your case.
The Administrative Appeals Tribunal (AAT) Review Process
After an application is lodged, the first stage of the process is that a member of the AAT will examine the documents to assess whether the Department has made an apparent mistake in refusing to grant the visa. You may be invited to provide written submissions to support your case. If there is no apparent mistake or reason for why the refusal should be overturned, the member will seek further information from you or initiate any research that is deemed relevant.
If there is nothing to suggest the refusal was incorrectly made, the member will then move to have a hearing where the application will appear to give evidence and is able to tender any further written information or call witnesses. Following the hearing, the member will make a decision on the application.
Legal Representation During Administrative Appeals Tribunal (AAT) Review Process
Registered Migration Agents can represent you at the AAT. Although it is not essential to be represented, there are a number of reasons why professional assistance can increase your prospects of success. Your agent will not only assist with the presentation of applicant’s case at a hearing into whether a refusal should be revoked, but will be able to assist with the initial application, including advising on what grounds should be argued for overturning a visa refusal and what documents should be tendered by an applicant to persuade an AAT member of the need to reverse a visa refusal decision.
If you have any queries in relation to AAT Review Appeal, get in touch with us. Mr Sanjayai Kapoor is one of the MARA Registered Agents based in Adelaide and deals into AAT Review Appeal. Mr Sanjayai Kapoor will review your documentation, prepare and lodge your application for AAT on your behalf.
You can get in touch with Mr Sanjayai Kapoor by calling +61 433303774