Receiving a visa refusal can be a daunting experience, especially when your plans for studying, working, or settling in Australia are at stake. However, a visa refusal doesn’t necessarily mean the end of the road. The Administrative Appeals Tribunal (AAT) offers a pathway to challenge visa decisions, providing applicants with an independent review process to ensure that decisions are fair and just.
What is the Administrative Appeals Tribunal (AAT)?
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. Its role is to ensure fairness and accountability in the administration of government policies, allowing for a transparent review process where the voices of those affected by decisions can be heard.
Note: On 14 October 2024, the Administrative Appeals Tribunal (AAT) will be replaced by a new body, called the Administrative Review Tribunal (‘the new Tribunal’). All cases that are before the AAT will automatically transfer to the new Tribunal. If you are an applicant or another party to a case, you do not need to do anything.
Which visa refusals can be reviewed by the AAT?
Not all visa refusals are eligible for review by the AAT. However, many temporary and permanent visa refusals can be challenged, including:
Student Visas
Work Visas (such as Temporary Skill Shortage visas)
Partner and Family Visas
Permanent Residency Visas (including skilled migration visas)
Protection and Refugee Visas
It’s essential to check your visa refusal notice, as it will indicate whether your case is eligible for an AAT review. When to lodge an application?
The time limit to lodge an application for a review varies depending on the type of decision and whether you are in immigration detention. You can check the Department of Home Affairs decision letter to find out what the time limit is.
The time period for lodging an application ends on the prescribed number of days after the day on which you are taken to have received notice of the decision.
Turnaround for Decision:
If your case involves a visa refusal or cancellation under section 501, or a revocation request under section 501CA, the Tribunal must decide within 84 days (12 weeks) from when you were notified of the decision.
Relevant Government Fees:
AUD3,496
Conclusion:
In conclusion, seeking an Administrative Appeals Tribunal (AAT) review for visa refusals provides a valuable opportunity to reassess and potentially overturn a decision. The AAT's thorough and fair review process ensures that every case is carefully considered, offering a chance for a positive outcome and a fresh perspective. This step can be instrumental in achieving a favorable resolution and securing your visa.
For more information, contact our team and book a consult via xmbs@xmmigration.com.au
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