How Administrative Appeals Tribunal
Helps With Visa Refusal?
It takes a lot of efforts to weave your dreams of migrating to Australia
and there’s no way you want any obstruction in the path.
It takes a lot of efforts to weave your dreams of migrating to Australia and there’s no way you want any obstruction in the path. However, there are several reasons that can lead to your visa application refusal. Non-eligibility for the visa or any other mistake made by the immigration officer can direct your dreams in peril.
So, is there anything that could be done? Yes, thankfully there’s an appeal system in Australia which can keep your visa applications on hold to be solemnly reviewed. This is not an easy deal to accomplish by yourself. Our migration experts at Ausyes Migration can help with the visa appeals at AAT(Administrative Appeal Tribunal).
The Role Of the Australian Administrative Appeals Tribunal
The Australian Administrative Appeals Tribunal reviews the independent visa decisions made by the Department of Internal Affairs(DIA). If you look at the website of the Administrative Appeals Tribunal, you will understand that they can review the decisions framed under the Australian Migration Act 1958. Some of those decisions include:
- To cancel or refuse visa applications relating to different categories.
- To refuse the nomination of occupation, position, or activity.
- Or, you are claiming Australia’s protection as a refugee from another country.
- To refuse, bar, or cancel the approval of a sponsor.
In case, if the application is personally reviewed by the Ministry of Immigration or Ministry of Home Affairs or if it doesn’t fall in the reviewing category, then the AAT doesn’t have the authority to make any decision on that visa application.
If we talk about AAT’s working approach, then they look at the merits, relevant facts, laws & policies to arrive at a concrete decision about the visa application. They might make a decision on following aspects :
- Hold or Change the decision by the Department of Internal Affairs.
- Discard an old decision with a new one.
- Direct a decision to decision-makers for reconsideration.
How To Apply For Reviewing a Visa Application by AAT?
First of all, you must go through your visa application letter as this will guide you about if you’re eligible & the time limits. You have time to make an appeal depending on two factors: Type of decision and if the individual is held by immigration centre or not. The time limit is typically seven days for people who are detained in an immigration centre and twenty-eight days otherwise. The time period relies on the date DIA gives its decision. You won’t be able to apply for an appeal if the time limit passes by.
The AAT appeal application can be either applied online or on a paper. If you’re applying online, then you will have to submit documents at the time of review, acquire an automated application of all the documents lodged, view & copy the documents you deposited earlier.
The fee for bringing an appeal in front of AAT is around AUD$1,826. However, for a case relating to severe financial hardship, the amount can be reduced by 50 percent. If you want to file an appeal for fee amount reduction, then you will have to fill the M11 request. Besides, you have to make an appeal regarding fee reduction before the deadline of submission of appeal. The important thing to note is, if the decision is made after you pay the full amount, half of your amount will be refunded.
A Special Note- The AAT appeal can either be heard formally or otherwise. You just have to inform the AAT about your consent on attending the hearing sessions.
What Next After the Visa Refusal Application With AAT?
Once you deposit your application along with the fee, you will receive a letter from AAT regarding your appeal request and details about what to do further. If you receive an invitation from AAT, then you also must send back a ‘Response to hearing invitation’ form ASAP. This must be sent before the actual hearing date, and not later than seven days after receiving the invitation. However, if you cannot be available at the date of hearing, then you can request for an adjournment from the AAT.
The adjournment request must be made at least two days before the hearing session. You must inform the AAT authorities via telephone or in writing when to contact at the scheduled hearing time. When the hearing ends, the AAT will either tell you their decision orally or in writing.
Ausyes Migration Helping You With AAT Appeal Review!
If you wish to bring an appeal to the Administrative Appeal Tribunal, you can consult one of the immigration lawyers at Ausyes Migration. They are highly-experienced and can thoroughly sail you through the whole process of an appeal. The AAT appeal can carefully be handled with the assistance of an immigration lawyer. We strive to lead you to a positive outcome by removing excess stress and burden from your shoulders.