What is the Administrative Appeals Tribunal (AAT)?
Administrative Appeals Tribunal (AAT) is an immigration review body that reviews decisions made by officers of the Department of Immigration and Border Protection to refuse or cancel visas, sponsorships, and nominations of certain applicants.
Being an amalgamated tribunal, AAT in Australia undertakes the same responsibilities as the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT). AAT can help you reconsider your case and has the power to:
- overturn or remit a decision
- substitute another decision
- return the case to the Department of Immigration for reconsideration
- affirm the original decision
Since the AAT is adhered to follow the Australian immigration law, it has no right or power to grant a visa to an applicant who doesn’t meet the eligibility or documentation requirements.
Who Can Apply For AAT Review?
You may be eligible to apply for an AAT review, only if you fit the following situations:
- You applied a visa while in Australia, but the Department of Home Affairs rejected your request.
- You are currently in Australia, but the Department of Home Affairs cancelled your visa.
- You were denied a visa while in Australia, and the Department denied your request to have the cancellation reversed.
- You applied for a visa outside of Australia and are sponsored for a visa by your employer or another person. Your sponsor or nominator may apply to the AAT for review of the decision to refuse your visa application.
- You applied for Standard Business Sponsorship as an employer and the application was refused
When Can You Lodge Your Appeal To The AAT?
In most cases, you have 21 days to file an appeal with the AAT. But, in few cases, the nature of the decision and your manner of conveying it may affect the lodging duration.
If you fail to file an appeal in this duration window, your right to review with the AAT will be lost.
Merits Review of an AAT Decision
Upon appealing to the AAT, a decision is made based on your case facts. This implies AAT takes the role played by the Department of Immigration and Border Protection in its hands to come up with a decision or new judgement.
Any relevant facts can be taken into consideration – and you do have the opportunity to present new evidence to the Tribunal.
In case of a negative AAT decision, you can take your appeal to the Federal Court, but you may only receive a positive decision in case of legal error.
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AAT Appeals Assistance With Excel Migration
Since appeal process can be very daunting and stressful, it’s recommended to choose a qualified immigration agency to represent you at the AAT.
At Excel Migration, we have successfully represented hundreds of clients at the AAT and got positive reviews. If your or your loved ones visa got refused or cancelled, don’t hesitate to contact us for professional consultation and assistance with AAT representation. We’ll guide you in depth about the odds and your prospects of a successful appeal.
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
If you want us to represent on your behalf, get ready to achieve a successful outcome.
