The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. They review a decision made by the department of home affairs, basically refusal of visa application or cancellation of current visa. The Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were amalgamated with the AAT on 1 July 2015.
As a whole, AAT has the power to:
- – affirm a decision (If AAT affirms the decision, it means the previous decision is not changed)
- – vary a decision (If AAT varies a decision, it means the decision is changed or altered in some way)
- – set aside a decision and substitute a new decision (If AAT sets aside a decision, it means AAT agrees or partially agrees the original decision was wrong), or
- – remit a decision to the decision-maker for reconsideration (AAT might replace previous decision with a new decision or AAT might remit the decision which means AAT sends the matter back to the department to make a new decision in accordance with AAT’s new instructions or recommendations)
Appeals of Visa Refusals:
When making a visa application to the Department of Home Affairs, there is always a chance that your visa may not be successful. However, if you do not agree with the decision of the department to refuse your visa, you have an option to make an application for the review of the decision by the department with AAT. Usually the decision can be reviewed if you were in Australia at the time of application and decision.
If you visa is refused, you usually should leave the country within 35 days of the decision or make a new visa application (there are usually very few visas which you might be eligible to apply after the refusal) or apply for the review of the decision. If you decide to review the decision, you must make the review application within 21 days of the refusal decision. If you make the review application within the time frame, your bridging visa which was granted at the time of visa application will continue to be on effect until the decision on your review application is made.
Appeals for Visa Cancellation
If you visa has been cancelled by the department and you are in Australia at the time of decision, you may be eligible to apply for the review of the decision. You must apply for the review of the decision within 7 working days of the decision. Unlike visa refusal, once your visa is cancelled you will be unlawful and will not hold any visas. Therefore, as soon as you get the notification of visa cancellation you should apply for Bridging Visa E to remain in Australia lawfully and wait for the decision of your review application.
If you visa has been refused or cancelled, you can contact us for further help.
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