What is the Administrative Appeals Tribunal (AAT)?
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws including the decisions in the migration industry. The Administrative Appeals Tribunal is an independent body that reviews a wide range of decisions made by Australian Government ministers, departments, and agencies.
The Administrative Appeals Tribunal was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976.
The Migration Review Tribunal (also known as the MRT), Refugee Review Tribunal and Social Security Appeals Tribunal were amalgamated with the AAT on 1 July 2015.
FC Lawyers provides timely assistance to clients applying to the Administrative Appeals Tribunal and can help you through the complex process.
What can the Administrative Appeals Tribunal review?
The AAT can review decisions made under the Migration Act 1958:
- to refuse or cancel different types of visas
- to refuse to approve a nomination of an occupation, activity or position
- to bar, refuse to approve or cancel the approval of a sponsor
- relating to requiring a security.
The Migration Act and the Migration Regulations 1994 specify what decisions can be reviewed.
The decision letter from the Department of Home Affairs (DoHA) will tell you if the AAT can review the decision and if you are a person who can apply for a review.
What can’t the AAT review?
- review 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.
Are there time limits for applying for a review?
If you’re wanting to apply for a review of your visa decision, the strict time limits must be adhered to otherwise the application will be rejected.
The time limits will be attached to the decision letter from the Department of Home Affairs.
If you miss these strict time limits, there’s no option to review the decision so it’s vital to talk to our team of immigration lawyers to ensure these key dates aren’t missed.
Why do I need to engage an immigration lawyer?
By engaging with our accredited specialist in Immigration Law, we will ensure you understand the AAT process throughout the whole matter. It’s important to remember that the AAT process is complex and extensive.
We ensure that when you are appealing your visa decision that you have supplied all the relevant information to the AAT in order to potentially have your visa decision overturned.
Our immigration team have helped clients’ through the AAT process before and can assist you if you’re wanting to appeal your visa decision.
What should you do next?
The process of appealing to the AAT is quite complex for many people.
Our team of accredited specialists in Immigration Law and registered migration agents can assist you if you’re considering appealing the visa decision. As stated above, strict time limits do exist so it’s important to consider your next steps in a timely manner.
Contact our team today to begin your visa appeal to the AAT.