Appeals and Reviews
Administrative Appeals Tribunal – You can apply for Review – Migration Law is complex and there may be many reasons for visa refusals. Visa refusals can be quiet stressing. If you have received Visa Refusal, Visa Cancellation or Notice of Intention to Cancel. Don’t be scared our expert team can help you to find the solution to that.
What is AAT?
AAT stands for Administrative Appeals Tribunal. AAT have the authority to review the decisions made by the case officers of Department of Home Affairs to refuse or cancel visas. AAT can also review decisions related to approval and cancellation of sponsorship and nomination.
With effect from 01July 2015, Migration Review Tribunal (MRT) and Refugee Review Tribunal has been merged into Migration Division of AAT Administrative Appeals Tribunal that can review the decisions made by Department of home Affairs. AAT Administrative Appeals Tribunal is the only body which can review the decisions made by the Department of Home Affairs.
What is the role of AAT?
AAT role is to revisit the decision of the case officer and re-examine the documents and facts of the case and may upheld the decision of the visa officer or overturn it. AAT is able to accept additional evidence which has been generated over the time between original decision and the time of hearing. the facts provided, laws relating to the decision and arrive at a new decision. AAT examines your application afresh reviewing the documents, evidences, forms and all the information you have provided to the department.
What is the time limit to apply for review?
It is very important to lodge your appeal in time otherwise you are at the risk of being an illegal immigrant in Australia. Your refusal or cancellation letter will tell you the time frame to lodge an appeal. Timeframe to lodge an appeals depends on the type of visa and location of the applicant.
Waiting times for hearing of the case at AAT
Waiting time for hearing at AAT depends on the type of visa class and the location of the applicant. It can be anywhere from 3 months to 18 months depending on your circumstances.
In exceptional circumstances you may request for processing of your case at priority.
What are the possible outcomes of appeal at AAT?
Upheld the Decision: The AAT may upheld the decision of the case officer and may not accept the argument of the applicant. In that case the refusal stands valid.
Vary the Decision: If AAT finds that the case officer have made an error of judgement in making that decision, than AAT can note down their opinion and recommend the department to grant the visa. In that case your file will be sent to the department for further processing or assessment.
What are my options if my appeal is rejected by AAT?
If your appeal is rejected by the AAT than you have can go for :
Appeal to Federal Circuit Court: You can go to Federal Court only in exceptional circumstances where there is judicial error in the decision of the AAT. You can represent yourself or you can opt to be represented by the lawyer.
Request for Ministerial intervention: You can also write to the Minister of Immigration to use his personal power to grant you the visa. The success rate of the Ministerial intervention is very low and the minister will intervene only in exceptional circumstances. You need to have a very strong case before you even think of Ministerial intervention. .
How we can help?
With the above discussion it is very clear that appeal before the AAT is very important and if you are not able to prove your case before AAT than the process of Federal Circuit Court or Ministerial intervention will not only takes but also the applicant comes under extreme stress and costs a lot.
Technically AAT is your last chance to put your facts straight before the tribunal.
We at AUSYES have extensive experience and knowledge of technical aspects of the migration law. We can help you to identify the issues involved in your case and legally represent you in AAT hearing.
We will be honest with you regarding the chances of success of your appeal and will not show you greener pastures. Instead we can look into the alternative pathways as per your scenario.
So if you have received a Notice of Intention to Cancel or Visa Refusal than get in touch with us and we will give you honest and straightforward opinion in your case and suggest you the best possible pathway for your success.
Some of the reasons for Visa Refusals
We have shortlisted most common reasons for visa refusals. This is not comprehensive list and there may be other reasons for refusal as well depending on your circumstances:
- Invalid Visa Application
- Not providing financial documents to support your application
- False and misleading information
- Your Sponsor not able to meet the eligibility criteria
- Insufficient knowledge about your course or education provider
- Course not related to your previous studies or experience
- Not having clear vision or future planning
- Points not calculated properly for Skilled Migration
- Fraudulent Documents
In most of the cases the applicant is able to appeal against the decision in Administrative Appeal Tribunal-AAT for review of the application.