ADMINISTRATIVE APPEALS TRIBUNAL (AAT)


When the Department of Immigration makes a decision that is unfavourable to a visa applicant or visa holder, in many cases the applicant or their sponsor can seek a review of that decision with the Administrative Appeals Tribunal. (AAT)
If you have had a visa refused or cancelled you may be eligible to apply to the AAT for a review of that decision. The Merits Review will involve a complete rehearing of the application. They will reconsider the facts, law and policy of the original decision and determine which is the correct and preferable decision. Generally, applicants will be granted a bridging visa while waiting for the hearing date, which can take up to 18 months depending on the visa. 

VISA STATUS

A Bridging visa will remain valid during the time you wait for your hearing with the AAT. Work rights can be provided if a compelling need to work is provided.

AAT PROCESSING TIMES

12-18 Months 
It should be noted that actual processing times may vary depending on the visa refused or cancelled. (eg Partner visas cases can take 345 days from lodgement to decision whereas visitor visa refusals visas can take only 185 days)

AAT COSTS

AAT application fee - $1764
(50% reduction if financial hardship)

Other fees may include: 
- Migration Agent Fees

LOCATION

Onshore - if your visa was refused or cancelled in Australia
Offshore applicants are eligible if sponsored by an employer or partner/sponsor

WHO CAN APPLY TO THE AAT ?

You may be able to apply for AAT review in the following situations:

• You are in Australia and your visa was either refused or cancelled by the Department of Immigration.
• You are in Australia and your visa was cancelled and your application to have the cancellation revoked was refused by the Department
• You are sponsored or nominated by an employer or another person for a visa, and you lodged this visa application outside of Australia. Approval of the sponsorship or nomination must be a requirement for visa approval. Your sponsor or nominator may apply to the AAT for review of the decision to refuse your visa application. Individuals who may be able to apply for AAT review on this basis include applicants who are sponsored by their employer (457, 186 or 187 visas), sponsor or partner (309/100 and 300 visas), family members (carer or remaining relative visas). 
• You are an employer that applied for Standard Business Sponsorship and this application was refused
  
  The AAT cannot review:
  
  
• A decision to cancel a visa if the cancellation occurred when the visa holder was outside of Australia
• If the visa applicant or holder is in Australia, then they are the person who should apply for review. If the visa applicant is overseas, then in most cases the Australian sponsor, nominator or family member makes the application for review.
• The business sponsor or employer must apply for review in relation to a refusal of a Standard Business Sponsorship or nomination application.