Administrative Appeals Tribunal
Unfortunately, there are circumstances where visa applications can get refused by the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration. These circumstances can include but are not limited to, past or current criminal actions, insufficient means of subsistence, inconsistencies in the visa application and lack of sufficient evidence. Some visa refusals all eligible to be independently reviewed by The Administrative Appeals Tribunal (AAT) which carries out independent reviews of administrative decisions made under Australian Commonwealth laws. Our Migration experts have years of experience and the extensive knowledge to help prepare and submit your AAT applications,
The AAT reviews decisions made by Australian Government ministers, departments, and agencies. Established by the Administrative Appeals Tribunal Act 1975 and commencing operations on 1 July 1976, the AAT can review a range of decisions. With more than 400 Commonwealth Acts and legislative instruments, common decisions reviewed by the AAT include Australian citizenship, customs, and passports. The AAT also reviews migration and refugee visas and visa-related decisions.
Migration and Refugee Visa Decisions
The AAT can review some of the decisions on visas made under the Migration Act 1958 by the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration.
The AAT can review the following types of decisions made under the Migration Act 1958:
- To refuse or cancel different types of visas
- To refuse to approve a nomination of an occupation
- To refuse or cancel the approval of a sponsor
The Australian Government’s Administrative Appeals Tribunal website outlines a list of reviewable decisions they can perform. You will receive a decision letter from the Department of Home Affairs, which will tell you if the AAT can review the decision and whether you are a person who is eligible to apply for a review.
However, there are also matters that the AAT cannot deal with, which include:
- Reviewing every decision to refuse or cancel a visa
- Review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration
- Review a decision if you are not entitled to apply for a review
Applying For a Review
There are two ways of applying for a review and our Administrative Appeals Tribunal consultants in Brisbane can help you ready your approach. The first and most efficient way is online, and the second is to apply using the correct migration form. The M1 form for persons not in immigration detention, and the M2 form for those in immigration detention. The person applying for the review must be the visa applicant, the former visa holder, the sponsor, or a close relative.
After you have lodged your application, you will be sent a confirmation letter detailing what will happen accordingly. If your decision cannot be reviewed, the AAT will send you a notification that allows you to explain why your decision should be reviewed. However, this will not work if the AAT has no jurisdiction to review the decision you have applied for. Our AAT visa migration agents can help guide you to ensure you’re applying correctly.
Your review can be processed as a priority. To do this, you must write to the AAT, explaining reasons as to why you need a priority review and providing evidence to support your claim. You are also eligible to travel overseas, however, you must contact the AAT before making any travel arrangements to check the status of the review application.
There are very strict time limits for lodging an application for review. The time limit depends on the type of decision and whether you are in immigration detention. The Department of Home Affairs’ decision letter will tell you what the time limit is, and the AAT has no power to extend this time limit.
You must pay an application fee for lodging an application for review on most migration decisions. The application fee is AUD $1,787 and must be paid before the deadline for lodging the application.
Pre-hearing and Hearing
n the pre-hearing, your review will be allocated to a Member who will decide how to proceed. The Member will make the decision about the review. The pre-hearing is also the time when the AAT may ask for further information, inviting you to comment on facts that could change the outcome of the review or invite you to nominate other people who could give evidence for the case. If the case can be decided in your favour based on the information already given to the AAT, a decision may be made without inviting you to a hearing.
Similarly, the hearing provides the opportunity to present material and arguments to the AAT about the decision under review. You will usually be invited to attend a hearing, unless exempt. To understand the exemptions, our AAT visa consultants in Brisbane have a wealth a knowledge to draw upon should you require. The hearing is generally quite informal and conducted by the Member who will ultimately make the decision.
Assistance from E-Help Consultancy
The AAT allows you to arrange for a migration agent (or another representative) to act on your behalf when lodging your review. At E-Help Consultancy, our AAT migration agents can help you with all your visa application needs.
Our AAT migration consultants can:
- Communicate with the AAT on your behalf
- Provide written evidence to the AAT along with written submissions on your behalf
- Request access to documents relating to the review
- Attend the hearing with you
We will continue to receive documents about your review and assist you in lodging your claim.
Book a consultation with us today
Understanding the role of the Administrative Appeals Tribunal and how it can connect to your visa case is likely to be confusing and difficult to understand even if English is your first language. Therefore, our experienced AAT migration agents in Brisbane can assist you with your claim, or at least help you figure out whether you are eligible for a review. Book an appointment with us today or call 1300 92 33 22 to talk to one of our helpful AAT consultants for more information.