If you have your Australian visa knocked back or cancelled, you may feel like your future hangs in the balance. But don’t lose hope; it could get worse before it gets better. You may be able to have it reassessed under the Administrative Appeals Tribunal (AAT).
In this guide, we will walk you through all that you need to do, from being aware of the AAT review process to selecting the best migration consultants in Melbourne in a bid to help you make a compelling appeal.
Role of AAT in Visa Cancellation or Refusal Appeals
The Administrative Appeals Tribunal (AAT) is an independent review agency that examines decisions by the Department of Home Affairs. If your AAT visa refusal appeal or cancellation, the AAT will examine the decision and decide whether it was right, just, and legal.
The AAT does not simply reverse every decision back; instead, they review your case again and consider any fresh evidence or facts you have. They are trying to get the Department’s decision within the migration law and reasonable to the applicant.
This is where AAT migration consultants Melbourne or AAT appeals consultants can greatly assist. They will assist you in presenting your case the right way so that all evidence, explanations, and legal submissions required are well explained in an easy-to-understand format and professionally.
How Can AAT Help the Visa Applicants
The AAT review process offers applicants the chance to have their visa application reviewed again. Instead of searching for procedural flaws, the AAT does what is known as a “merits review,” or they review all aspects of your case as if they were making the decision themselves.
This is how the AAT can help visa applicants:
- Reassess Your Situation: They review your case with fresh eyes and take into account new evidence or circumstances.
- Provide a Fair Hearing: You’ll get the opportunity to explain your situation in person or in writing.
- Review All Facts: The AAT evaluates whether the Department of Home Affairs made the right decision.
- Offer a Second Chance: In many cases, a well-prepared appeal can result in a successful outcome, reversing the original refusal.
With the assistance of the best visa consultants in Melbourne, you can ensure that your case is well-prepared and your narrative is well-presented in the review process.
Your Visa Status Once You've Filed an Appeal
Once you’ve filed an appeal with the AAT, your visa status is something to be considered.
If you were already in Australia on a valid visa when the decision was made, you’ll typically be granted a Bridging Visa to maintain your lawful status while your appeal is being processed. This ensures you can stay in Australia legally until a final decision is reached.
But it’s important to adhere to all of the requirements of your visa over this timeframe, for example, work or study restrictions. Infringing on these constraints may impact your appeal and future prospects for being given a visa.
Your visa conditions can be explained to you by an Australian permanent residency consultant or migration agent, who will advise you on how to get into compliance awaiting your AAT decision.
What occurs after the AAT decision?
The AAT deliberates on your case and makes one of the following decisions:
- Set Aside the Decision: The AAT determines that the Department’s decision is unacceptable and sets it aside, and makes a new one in your favour. This is the best outcome, as your visa application can be issued or reconsidered.
- Remit the Decision: The AAT sends your case to the Department to reconsider. That is, the Department will reconsider your application as determined by the AAT.
- Affirm the Decision: The AAT upholds the Department’s refusal or cancellation, and your visa is still refused.
- Dismiss the Application: This may occur if you withdraw from your appeal or do not comply with certain procedural requirements.
If your appeal is unsuccessful, then avenues are still open that you can follow, such as applying for a judicial review within the Federal Circuit and Family Court. Professional AAT appeals advisors’ recommendations will guide you on what to do next for your case.
Steps and AAT Application Process
AAT review procedure entails a series of important steps. Each step must be well prepared, deadlines taken into account, and supporting documents.
Step 1: Check Your Decision Letter
Your decision letter will be sent by the Department of Home Affairs with the reasons for refusing or cancelling your visa. It will also include whether your case qualifies for review and within what time frame you should lodge.
Step 2: Submit Your Appeal
You must apply for AAT within the time frame specified in your letter — usually 7-28 days. The application must be supported by your personal information, visa information, and evidence. At the application, a fee is also payable.
Step 3: Prepare Your Evidence
Gather all the documents, statements, and new evidence that support your appeal. This can include employment records, updated financial information, relationship evidence, or anything else relevant to your case.
Step 4: Attend the Hearing (If Required)
Some cases are decided based on written submissions, while others require an in-person or virtual hearing. During the hearing, you’ll have the opportunity to explain your situation and answer any questions from the Tribunal member.
Step 5: Waiting for the Decision
Once they have gone through all the details, the AAT will mail you a letter with their decision. This shall take months, depending on how complex your application is.
Meanwhile, availing AAT migration consultants in Melbourne ensures your application is done well, correctly, and presented as best as possible.
Conclusion
Denial or cancellation of a visa does not have to be the end of your Australian dream. Having the information on the AAT review process and expert advice from the AAT migration consultants Melbourne, you can breathe new life into your case.
The right migration agent will take you through every step, from filing your appeal to appearing before your judge, and get you off on the best possible foot. Keep your cool, move quickly, and have experienced professionals assist you in continuing with confidence.
Excel Migration understands how stressful a visa refusal can feel—but with the AAT review process clearly explained in this blog, you’re not left wondering what comes next.
We’re here to guide you step by step, helping you gather the right documents, craft your case, and appeal confidently. When the stakes are high, you don’t have to go it alone.
FAQ's
How much time do I have before I must lodge an AAT appeal following my visa refusal?
In the majority of cases, you are given 21 days from the date of your refusal letter, though it may be less depending on your visa subclass.
Can I stay in Australia during an AAT review?
Yes, the vast majority of applicants are granted a Bridging Visa to stay legally in Australia until their appeal is decided.
How long does the AAT review process take?
The timing will be according to the AAT workload and the complexity of the case, but can take several months or more than a year.
Do I need a migration agent to submit an AAT appeal?
Even if you are representing yourself, engaging experienced AAT appeals consultants will be more successful because they are professionals who have a good job.
What if the AAT affirms the Department's decision?
If AAT upholds the refusal, you may look to other avenues of redress in law, e.g., judicial review or other visa category.
