Visa Refusal: Cancellation

Australia Administrative Appeals Tribunal (AAT)

The Administrative Appeals Tribunal (AAT) is an independent body in Australia that reviews decisions made by the Department of Home Affairs regarding visas, migration, and citizenship matters. The AAT allows individuals who are dissatisfied with a visa refusal, cancellation, or other immigration-related decisions to appeal and seek a review. The AAT reviews the facts of each case, considers new information, and ensures that the correct legal and procedural decisions have been made.

Key Functions of the AAT

  • Independent Review: The AAT is an independent body that reviews immigration decisions made by the Department of Home Affairs.
  • Review of Migration and Visa Decisions: The AAT can review decisions about visa refusals, visa cancellations, sponsor-related matters, and citizenship applications.
  • Fair and Transparent Process: The AAT ensures a fair and transparent review process, allowing you to present your case, provide evidence, and respond to Department decisions.
  • New Evidence: You can provide additional information and evidence that was not previously available when the Department of Home Affairs made its initial decision.

What Types of Decisions Can Be Reviewed by the AAT?

The Administrative Appeals Tribunal (AAT) handles reviews of various immigration-related decisions. Below are the common types of matters it considers:

Visa Refusals
When the Department of Home Affairs refuses a visa application, you can appeal the decision to the AAT. This includes partner visas, student visas, skilled migration visas, family visas, and others.

Visa Cancellations
If you breached visa conditions or failed to meet character requirements, the Department may cancel your visa. In such cases, you have the right to request a review by the AAT.

Sponsorship and Nomination Refusals
Employers and sponsors who receive a refusal on their sponsorship or nomination applications can ask the AAT to re-examine the case.

Citizenship Refusals
If your citizenship application is declined, you may still challenge the decision through the AAT for reconsideration.

Bridging Visa Refusals
When a bridging visa is not granted, the AAT provides a pathway to contest that refusal.

Protection Visa Refusals
Applicants denied a protection visa (refugee status) can apply for a review to ensure the decision aligns with the law and proper procedures.

Character-Based Cancellations and Refusals
The AAT also reviews decisions related to character grounds—especially in cases involving criminal records or national security concerns.

Eligibility for AAT Review

To request a review by the AAT, you must meet certain eligibility criteria:

  1. Decision Eligible for Review: Not all decisions are eligible for review by the AAT. You can check your refusal or cancellation letter to see if your case qualifies for review.
  2. Time Limits: There are strict time limits for lodging an appeal with the AAT. These time limits vary depending on the type of decision being reviewed but typically range from 7 to 28 days from the date of the decision. It is crucial to submit your appeal within the specified time frame.
  3. Lodging an Application: You must submit your application for review online, by post, or in person, along with the relevant application fee. You may be eligible for a fee reduction or waiver in certain circumstances.

How the AAT Review Process Works

The Administrative Appeals Tribunal (AAT) provides an opportunity to challenge decisions made by the Department of Home Affairs. Here's a step-by-step breakdown of how the process typically unfolds:

1. Submit an Application for Review

After receiving a decision from the Department of Home Affairs, you can apply for a review through the AAT. You should submit your application online or by post, along with the required documentation and application fee.

2. Provide Additional Information

Once your application is lodged, the AAT gives you the chance to supply more documents or evidence. For instance, you can include updated details, new supporting materials, or arguments that strengthen your case.

3. Attend a Hearing

In many cases, the AAT schedules a hearing. During this session, you will present your case, respond to questions, and explain your reasons for disputing the original decision. Depending on your location and preference, the hearing may occur in person, by phone, or via video conference. You may also call witnesses and submit further evidence at this stage.

4. Receive the Decision

After the hearing, the AAT reviews all submitted evidence before delivering its final decision. The outcome may include one of the following:

  • Affirm the Decision – The original decision remains unchanged.

  • Set Aside the Decision – The AAT cancels the original decision and substitutes a new one in your favor.

  • Remit the Decision – The AAT sends the case back to the Department of Home Affairs for reassessment, often with new instructions.

Appealing the AAT’s Decision

If you disagree with the outcome, you can appeal to the Federal Circuit Court—but only on a point of law. Since this process is more technical, it’s strongly recommended to seek legal advice or representation before proceeding.

Time Frames and Processing Times

The AAT review process can take anywhere from several months to over a year, depending on the complexity of the case, the visa type, and the AAT's caseload. You will typically be notified of the expected time frame after you submit your review application.

Costs Involved

The cost of lodging an application for review at the Administrative Appeals Tribunal (AAT) is AUD 3,496 for most visa and immigration matters. However, if the AAT makes a decision in your favor, you may be eligible for a 50% refund of the fee.

In certain cases, you may be eligible for a fee reduction or waiver based on financial hardship. You will need to submit a request for a fee waiver when lodging your application if you qualify.

How We Can Help

At A Square Migration Services, we provide expert guidance and support throughout the AAT appeal process. Our services include:

  • Eligibility Assessment: We assess whether your case qualifies for an AAT review and advise you on the chances of success.
  • Application Preparation: We help you prepare a strong application for review, ensuring that all necessary documentation and evidence are included.
  • Representation at the Hearing: We represent you at the AAT hearing, ensuring your case is presented effectively and professionally.
  • Ongoing Support: We provide continuous updates and guidance throughout the review process, ensuring that you meet deadlines and stay informed.

Seek Justice Through the AAT

If your visa or immigration application has been refused or your visa has been cancelled, the Administrative Appeals Tribunal (AAT) can provide a second chance to have your case reviewed. At A Square Migration Services, we are here to guide you through the AAT appeal process and help you achieve the best possible outcome.

Contact us today for expert assistance with your AAT appeal and take the next step in securing your immigration future in Australia.