Appeals 2018-03-28T05:53:26+00:00

Appeals

AAT/RRT Appeals

The Administrative Appeals Tribunal (AAT) conducts autonomous merits review of administrative decisions made under Commonwealth laws.  We review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. AAT also review decisions made under Norfolk Island laws.

The AAT was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976.
On 1 July 2015 the Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were merged with the AAT.
So, if you ever have had visa application refused or if you have had your visa cancelled, you may be eligible to appeal for review of that decision to the AAT.

Timeframe for Appeal to the AAT review applications needed to be lodged in a specific time frame. In general, you must lodge your appeal to the AAT within 21 days. This timeframe can differ depending on the type of decision and the method by which you were notified of the decision of the application. If the review appeal is not lodged within specified timeframe, you would in general lose your right to review.

How to lodge review application:
AAT provide multiple options to lodge review application.
Applications for review can be lodged:

  • Online:
    If you register as a user and lodge your review application online, you have the ease of submitting documents in relation to your case through the online lodgement system at any time.
  • By hand, post or fax:
    Applications for review can be lodged by hand on weekdays between AAT working hours at any registry of the AAT.
    Applications can also be sent by post or fax. There is no requirement for an application sent electronically to also be sent by post.

AAT Hearings
Usually, after AAT review is applied, Hearings are conducted face-to-face with the assigned AAT Member who will make a decision on your appeal application.
During this hearing, you have the opportunity to give evidence verbal and written evidences to support your case, and you can also call witnesses to give evidence. The Member will generally take the opportunity to ask questions to clarify the facts in your situation.
A good presentation of documents and arguments will make easier for the member to understand the situation. It is recommended to go prepared for the hearing.

Outcomes of AAT Review:
Depending upon the documents and information provided to the AAT member, The AAT can decide to either remit or affirm the decision by the Department of Immigration.

  • Decision affirmed:  Affirmed decisions means that the AAT agrees that your visa application decision made my DIBP will remain effective. You may then have a right to further appeal the decision.
  • Decision remitted: This means that the AAT is not satisfied with reasons with the basis on which your application was refused or visa cancelled by the Department of Immigration.

In the case of visa refusals or cancellations, if the AAT remits the decision made by DIBP, your case will be forwarded back to the Department of Immigration for further assessment.

The Department of Immigration will go reassess at any remaining requirements for grant of the visa (eg health and character).

BAJWA Immigration Consultant’s expertise in AAT Appeals :
It is very important to understand the importance of AAT appeal and an expertise
representation from Bajwa Immigration Consultants can make this stressful process easier for you. Our 11 years of experience and knowledge will guide you to make the most of your opportunity for merits review. Bajwa Immigration has a very high success rate in AAT appeals and on many occasions, we have successfully guided our clients to overcome this hurdle.

http://www.aat.gov.au/

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