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AAT, the ADMINISTRATIVE APPEALS TRIBUNAL

TRIBUNAL REVIEWS

There are some actions you can take if you recently received an Australian visa rejection and disagree with the decision. The information provided below might aid in your general understanding of your options.

  • Review of Merits Overview
  • Decision Notification
  • The Tribunal for Administrative Appeals (AAT)
  • Restructuring the Merits Review Process
Why did the AAT come into being?
  • Australia created the Administrative Appeals Tribunal (AAT) in 1975 as part of a larger reform to the administrative justice system. Concerns about the fairness and transparency of government decision-making as well as the need for a more user-friendly and effective administrative review system led to the creation of the AAT.
  • The AAT provides a de novo merits review of government decisions that is “fair, just, economical, informal, and quick.”
  • Although the AAT is a part of the Executive branch of the government, it also serves as an independent reviewer. It conducts hearings, allows parties to be legally represented, considers testimony, and renders decisions with a justification that is made public.
  • The Commonwealth Government’s administrative decisions are subject to independent merits review by the AAT, which gives it the power to revisit the circumstances surrounding the decision under review and determine whether to make a different choice. As a result, the Tribunal fulfils the special responsibility of selecting “the correct or preferable decision” based on the merits of the case (Drake).
  • The ‘impartiality and fairness’, ‘accessibility’, and making decisions that support confidence in the tribunal’s decision-making are the underpinning goals of the AAT review process.
Which types of visa appeals are heard by the AAT?

Two main divisions of the Administrative Appeals Tribunal (AAT) deal with issues related to immigration:

  • The majority of the Department of Home Affairs’ decisions to deny visas are subject to review by the Migration and Refugee Division.
  • The General Division is in charge of reviewing the majority of character-related decisions regarding citizenship or visas.

The AAT has the authority to review decisions pertaining to bridging visas, family visas, nomination/sponsor applications, partner visas, permanent business visas, skilled visas, student visas, temporary work visas, some visitor visas, certain humanitarian visa categories, and citizenship.

What choices is the AAT able to make?

An individual may be qualified to apply to the AAT for a review of the DOHA’s decision if their visa application has been rejected or cancelled.

In accordance with section 43 of the AAT Act, the Administrative Appeals Tribunal member will decide whether to uphold, modify, overturn, or remit the Department of Home Affairs’ decision.

  • If the AAT upholds the decision, the Department of Home Affairs’ decision remains in effect. If this occurs, you must immediately decide what would be the best course of action, such as filing a court appeal, obtaining a new visa, or departing Australia.
  • If the AAT modifies a decision, it means the Department of Home Affairs’ decision has been modified or changed in some way.
  • If the AAT reverses a decision, it means that it agrees, in whole or in part, that the Department of Home Affairs’ initial decision was incorrect.
  • The Department of Home Affairs will make a new decision in accordance with the AAT’s instructions or recommendations if the AAT remits a decision. In essence, this proves that your appeal was successful! If your case is remitted, you will typically have to wait until you hear back from the Department of Home Affairs before your visa is issued.

 

AAT time constraints
  • If you live in the community, you must submit your application within 28 days of the day you learned of the rejection.
  • Depending on how you obtained the document, a date may have been notified.
  • If the refusal Notification was sent to you via email, it was sent on the day you received the email.
  • From the date of the letter, you have seven working days if you received the notification via registered mail.
  • The time limit is seven working days if you are detained by immigration officials.
Advantages of AAT
Disdvantages of AAT
Access to Review: The Department of Home Affairs' (DOHA) decisions regarding applications for citizenship and visas may be appealed through the AAT. The authority of the AAT to review immigration decisions is outlined in Section 338 of the Migration Act 1958 (Cth).
2. Independent and Impartial Review: The AAT offers an impartial and independent review of migration decisions, which can help guarantee that choices are made fairly and within the bounds of the law. The guidelines that the AAT must follow when reviewing immigration decisions are laid out in Section 360 of the Migration Act 1958 (Cth).
Expertise: Because AAT members are knowledgeable about migration issues, decisions can be made knowing exactly what is at stake. The education and professional background prerequisites for AAT members are outlined in Section 374 of the Migration Act 1958 (Cth).
4. Cost-Effective: The AAT procedure can be more accessible to those who cannot afford legal representation because it is typically less expensive than going to court. The Migration Act of 1958 (Cth) Section 411 allows for the reimbursement of expenses related to AAT proceedings.
Limited Authority: The AAT only has a small amount of authority to carry out its judgments; it cannot carry out judgments against the government or government agencies. The Administrative Appeals Tribunal Act 1975 (Cth)'s Section 44 outlines the AAT's authority restrictions.
2. The AAT's decisions are still final, even though it has the authority to review them. There is no other level of appeal after the AAT. The Administrative Appeals Tribunal Act 1975 (Cth)'s Section 44 specifies the finality of AAT decisions.
Decision-making Delays: The AAT procedure can occasionally be drawn out, which can lead to delays in the settlement of disputes. Although the Administrative Appeals Tribunal (AAT) must resolve cases as quickly as possible, delays are still possible under Section 33(1) of the Administrative Appeals Tribunal Act 1975 (Cth).
4. Limited Jurisdiction: The AAT has a narrow scope of authority, so there may be some decisions that it is unable to review. The issues that the AAT may review are outlined in Section 338 of the Migration Act 1958 (Cth).
Tribunal for Administrative Appeals

The Department of Immigration and Border Protection’s (DIBP) decisions are subject to review by the AAT’s Migration and Refugee Division. The AAT has the authority to uphold, modify, or annul DIBP’s judgement or to remand the case to DIBP for further consideration with instructions. The AAT has the authority to take into account a variety of visa-related decisions, such as denials and cancellations. Every case is evaluated on its own merits before a decision is made.

You MUST submit your request for review to the AAT within the specified time frame. If you decide to submit a review application, the precise deadline will be stated in the letter you receive from DIBP outlining the decision to deny or cancel your visa. In most circumstances, the application window is 21 days from the date a visa application is rejected and 7 days from the date a visa is cancelled.


The AAT may opt to:

  • affirm the decision of the DIBP, indicating that it is in agreement with the decision and that it will not be changed;
  • set aside DIBP’s decision, which means that it will be modified. The DIBP’s decision in this case may be replaced by a new decision by the AAT, or the matter may be sent back to DIBP for reconsideration (see below).
  • Remitting a decision to DIBP for reconsideration means that the matter will be brought back to DIBP. The DIBP may then receive instructions from the AAT that it must consider when reevaluating its choice.

  • You MAY qualify for a bridging visa upon lodgement of your review application. The type of bridging visa that you qualify for (if any), along with the conditions of that visa, will depend upon your circumstances at the time that you lodged the visa application that is under review (if the review relates to a refusal decision).

    Please note that it may take up to several months for the AAT to complete its assessment of your application and make a decision, depending upon the amount of material that it must consider, and the complexity of your case