The AAT is an independent merits review tribunal. It is independent from the Government and has the power to review various Government decisions.
The AAT is responsible for hearing cases related to visa refusals and cancellations. This means you can lodge an application to the AAT to review the decision made by the Case Officer.
If your visa is refused and you have review rights, you can ask for thematter to be looked at by the AAT. The tribunal member will review the decision within the same legislative framework as the Case Officer who made the refusal.
If you want to appeal the decision, do not delay. The letter you receive from your Case Officerwill show whether or not an appeal can be made and the timeframe within which an appeal must be lodged. Not every visa decision can be reviewed by the AAT, but the vast majority can.
The way a decision is made depends on your individual case. The AAT may make their decision based on paper submissions or you may be required to attend in person.
Our team has successfully managed many appeals over the years, including application refusals, sponsorship refusals and citizenship refusals.
If your case progresses to a hearing, you –or your representative –will receive a letter notifying you of the time, date and location.
Depending on your location and how the decision is being heard, your Immigration Lawyer may be able to attend your hearing with you or dial in remotely.
AAT Hearing Process
If an Immigration Lawyer is managing your appeal, they will speak to you or meet you before your hearingThe AAT Member will explain proceedings to you and tell you what will happen during your hearingYou’ll beasked to take an oath or make an affirmation to be truthful during proceedingsIf you have an interpreter or witnesses, they’ll also need to take an oath or make an affirmationThe Member will give you the opportunity to explain why you think the decisionmade by your visa Case Officer is incorrectYou may hear the outcome at the end of the hearing, or at a later stageThe length of hearings varies. Most are between one and three hours
What if your visa appeal fails?
If your application fails, you may be able to apply for another visa. In certain situations, you may be able to make an application for ministerial intervention or take your case to court.
Management of your visa appeal
We have successfully managed many AAT appeals. We put together a detailed submission on your behalf by analysing current Case Law, interpreting the Migration Act and Regulations and reviewing the Case Officer Policy Advisory Manual. We also look at other ways your case can be strengthened, such as statements from business, community, social or political organisations.We take a carefully tailored approach to every visa appeal because no two cases are ever the same.