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) reviews a wide range of immigration-related decisions. Common matters that can be reviewed include:

  1. Visa Refusal:

    • If your visa application was refused by the Department of Home Affairs, you may appeal the decision to the AAT. This applies to various visa types, including partner visas, student visas, skilled migration visas, family visas, and others.

  2. Visa Cancellation:

    • If your visa was cancelled due to a breach of visa conditions, character grounds, or other reasons, you can request the AAT to review the decision.

  3. Sponsorship and Nomination Refusals:

    • Employers and sponsors who have had their sponsorship applications or nominations refused can seek a review from the AAT.

  4. Citizenship Refusal:

    • If your citizenship application was refused, you may request the AAT to review the decision.

  5. Bridging Visa Refusal:

    • If your application for a bridging visa was refused, you can apply to the AAT for review.

  6. Protection Visa Refusal:

    • If your application for a protection visa (refugee status) was refused, the AAT can review the decision to ensure it was made according to the law.

  7. Character Cancellations and Refusals:

    • The AAT can review decisions where a visa was cancelled or refused based on character grounds, including those related to criminal convictions 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 AAT review process allows you to challenge a decision made by the Department of Home Affairs. Here is how the process works:

  1. Submit an Application for Review

Once you receive a decision from the Department of Home Affairs, you can apply to the AAT for a review. Your application should be lodged online or via post, along with any necessary documents and the required fee.

  1. Provide Additional Information

After lodging your review, you will have the opportunity to provide additional documents or evidence that were not included in your initial application. This may include new evidence, updated information, or further arguments supporting your case.

  1. Hearing

In many cases, the AAT will hold a hearing where you can present your case and respond to questions. You may be asked to attend in person, or in some cases, the hearing may be conducted by telephone or video conference. During the hearing, you can provide additional evidence, call witnesses, and explain why you believe the original decision was incorrect.

  1. Decision

After the hearing, the AAT will consider all evidence and make a decision. The Tribunal may decide to:

  • Affirm the Decision: The original decision is upheld, and no changes are made.
  • Set Aside the Decision: The original decision is overturned, and a new decision is made in your favor.
  • Remit the Decision: The case is sent back to the Department of Home Affairs for reconsideration with specific instructions or conditions.

  1. Appealing the AAT’s Decision

If you disagree with the AAT’s decision, you may be able to appeal to the Federal Circuit Court on a point of law. However, this process is more complex and generally requires legal assistance.

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.