APPEALS AND REVIEWS

AAT APPEALS AND REVIEWS

The Administrative Appeal Tribunal (AAT) reviews the decision of visa cancellations and refusals for the onshore applicants. The time limit to apply for a review is usually 28 days after the applicant receives the decision. For some types of decisions, it is longer and for others it is shorter. Thus, checking and understand the decision letter is most important. When it comes to any sort of flexibility in terms of your review application at AAT, you will probably get the least of it there. The applicant must apply for reviews, this is not an automatic process.

The AAT provides a final independent merits review of visa and visa-related decisions made by officers of the Department of Home Affairs acting as delegates of the Minister. There are three common decisions from the review:

Affirm – means the AAT decided that the delegate’s decision should not be changed.
Set Aside – means the AAT decided that the delegate’s decision should be changed.
Remit – means the AAT decided that the delegate’s decision should be reconsidered.
No Jurisdiction – means the AAT have no power to review the delegate’s decision.

If the applicant is not satisfied with the AAT decision, the applicant may consider seeking judicial review in the Federal Circuit and Family Court of Australia.

If the review decision is in the applicant’s favour, the AAT will refund 50% of the application fee paid.