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Appeal and Review

If you have had a visa application refused or if you have had your visa cancelled, you may be able to appeal this decision to the Administrative Appeals Tribunal (AAT).

What is the AAT?

The Administrative Appeals Tribunal (AAT) is the merits review body for most administrative decisions by the Federal Government. In 2015, the operations of the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) were absorbed into the Migration Division of the AAT.

Limited Timeframe for Appeal to the AAT

In general, you must lodge your appeal to the AAT within 21 days. However, the timeframe can vary depending on the type of decision and the method by which you were notified of the decision.

If the appeal is not lodged within this timeframe, you would in general lose your right to review.

Possible Outcomes of AAT Review

The AAT can decide to either remit or affirm the decision by the Department of Immigration.

If the decision is affirmed it means that the AAT agrees that your visa application should have been refused or your visa cancelled. You may then have a right to further appeal the decision. If the decision is remitted this means that the AAT does not agree with the basis on which your application was refused or visa cancelled by the Department of Immigration.

In the case of visa refusals, if the AAT remits the decision, your case will be forwarded back to the Department of Immigration for further assessment. The Department of Immigration will then look at any remaining requirements for grant of the visa e.g., health and character.

Appeals After Failing at the AAT

If the AAT affirms the decision, you may be able to lodge a further appeal. The two most likely options would be to the Federal Court or an application for Ministerial Intervention.

Please book a consultation to know the overall prospects of success of your case and any alternative visa pathways. We guide you through the appeals process to achieve a successful outcome.

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