AAT Visa Refusal and Cancellation Appeal
About this Visa Refusal and Cancellation Appeal
The Migration and Refugee Division of the AAT is responsible for reviewing decisions made by the Department of Immigration and Border Protection (DIBP). The AAT can affirm, modify, or set aside DIBP’s decisions or return the matter to DIBP with specific instructions. It can review a broad range of visa-related decisions, including refusals and cancellations, based on the merits of each case.
To apply for review, you must adhere to the specified time frame mentioned in the letter you receive from DIBP regarding the refusal or cancellation of your visa. Typically, you have 21 days from the date of a refusal decision and 7 days from the date of a cancellation decision to lodge your review application.|
The AAT has the authority to:
- Confirm DIBP’s decision, leaving it unchanged.
- Modify DIBP’s decision, either by issuing a new decision or instructing DIBP to reconsider.
- Refer DIBP’s decision back for reconsideration by DIBP, providing specific directions.
- You may also become eligible for a bridging visa upon lodging your review application, depending on the circumstances of your initial visa application.
Overview of AAT Review
Access to Review:
The AAT allows people to challenge DOHA (the Department of Home Affairs) decisions on visas and citizenship, making it easier to seek a review.Independent and Impartial Review:
Offering impartial and independent reviews of migration decisions, the AAT ensures decisions adhere to the law and maintain fairness and reasonableness.Fair and Expert Assessment:
AAT members possess specialized expertise in migration matters, facilitating well-informed decisions while also providing a cost-effective alternative to legal court proceedings.Enforcement Power:
AAT (Administrative Appeals Tribunal) has the authority to review and make decisions on cases like visa refusals and cancellations. While it doesn’t have the power to directly enforce these decisions, government agencies and other organizations are legally obligated to consider and act upon AAT’s final determinations.Finality of AAT Decisions:
While AAT decisions are open to review within the AAT itself, they are generally considered final, with no further avenue of appeal beyond the AAT.
AAT
Access to Review:
The AAT allows people to challenge DOHA (the Department of Home Affairs) decisions on visas and citizenship, making it easier to seek a review.Independent and Impartial Review:
Offering impartial and independent reviews of migration decisions, the AAT ensures decisions adhere to the law and maintain fairness and reasonableness.Fair and Expert Assessment:
AAT members possess specialized expertise in migration matters, facilitating well-informed decisions while also providing a cost-effective alternative to legal court proceedings.Enforcement Power:
AAT (Administrative Appeals Tribunal) has the authority to review and make decisions on cases like visa refusals and cancellations. While it doesn’t have the power to directly enforce these decisions, government agencies and other organizations are legally obligated to consider and act upon AAT’s final determinations.Finality of AAT Decisions:
While AAT decisions are open to review within the AAT itself, they are generally considered final, with no further avenue of appeal beyond the AAT.
Steps in the AAT Appeal Process:
Step 1
Lodging an Appeal
- Timeframe: The window for lodging an appeal is typically very tight, often 21 days from the date of the decision. Missing this deadline usually means losing the right to appeal.
- Application Form and Fee: Complete the specific application form for visa decisions and submit it along with the required fee. There are provisions for fee reduction or exemption in certain circumstances.
- Acknowledgment of Appeal: Once lodged, the AAT will acknowledge receipt of your appeal and provide a reference number.
Step 2
Pre-Hearing Developments
- Submission of New Evidence: This is your opportunity to introduce new evidence or information not previously considered. This might include personal statements, expert opinions, or additional documentation.
- Direction and Requests from AAT: The AAT may issue directions or requests for further information, which you must comply with by the specified deadlines.
Step 3
Hearing Preparation
- Understanding the Process: Familiarize yourself with the hearing process. The AAT hearings are less formal than court proceedings, but proper protocol is followed.
- Representation: Decide whether to represent yourself, hire a legal professional, or engage a migration agent. This choice can significantly impact your case.
Step 4
The Hearing
- Presentation of Your Case: You or your representative will present your case, argue your points, and answer questions posed by the AAT member.
- Nature of the Hearing: Hearings can vary in length and complexity. Some may be completed in a day, while others may require adjournments.
Step 5
Decision Making
- Deliberation by the AAT: After the hearing, the AAT member will deliberate on the case. This period can vary in length.
- The Decision: The AAT may either uphold the original decision or overturn it, potentially resulting in a different outcome for your visa status.
Step 6
Post-Decision Pathways
- If Decision is Not in Your Favor: Explore further legal options, such as appealing to the Federal Circuit Court, if there are grounds to challenge the AAT’s decision.
- If Decision is Favorable: The Department of Home Affairs will be directed to reconsider your visa application in line with the AAT’s decision.
Types of Decisions
- Affirms:
The AAT agrees with the original decision and keeps it as is. - Sets Aside:
The AAT completely overturns the original decision. - Remits:
The AAT sends the case back to the original decision-maker for re-evaluation.
AAT‘s Timelines
If you’re in the community, you have 21 days to apply from the date you were notified of the refusal. The notification date is determined by your method of receipt:
- If received by email, it’s the day you got the email.
- If received via registered post, it’s 7 working days from the date on the letter.
- If you’re in immigration detention, the time limit is 7 working days.
It’s important to note that immigration authorities typically send notifications via email, and if the email is found in your spam folder, it is still considered as being notified.
Cost
AAT Visa Appeal Application Fee
AUD 3,374
The fee is subject to the latest pricing set by the Administrative Appeals Tribunal (AAT).
AAT
Processing time
Processing Times (Calendar Days) – 1st July 2023, to 30th Dec 2023
| Visa Category | 50% of Cases (days) | 90% of Cases (days) |
|---|---|---|
| Bridging | 11 | 457 |
| Family | 789 | 1634 |
| Nomination/Sponsor Approval | 1306 | 1464 |
| Partner | 1374 | 1799 |
| Permanent Business | 1295 | 1491 |
| Skill Linked | 722 | 1132 |
| Student Cancellation | 393 | 502 |
| Student Refusal | 435 | 608 |
| Temporary Work | 903 | 1408 |
| Visitor | 326 | 436 |
| Other | 453 | 1079 |
| Protection | 1577 | 2212 |
| Total Migration Categories | 701 | 1604 |
| Total Protection Categories | 1577 | 2212 |
| Total | 959 | 2158 |
(Note: The numbers represent the median (50%) and 95th percentile (95%) processing times in calendar days for reviews finalized between July 1, 2023, and December 30, 2023.)
AAT review processing times are determined by the Administrative Appeals Tribunal and can vary based on the case category and workload. Ensure you submit all required documents with your AAT review application to avoid potential delays. Please note that processing times may change, and the provided estimates are for general reference only.