Administrative Appeals Tribunal (AAT) Review
The Administrative Appeals Tribunal (AAT) conducts independent merits reviews of decisions made under Commonwealth laws, which encompass various Australian departments and agencies. It is also referred to as a merit review tribunal. According to the Migration Act 1958, many decisions made by the Department of Home Affairs are subject to review by the AAT, allowing for appeals against certain decisions, including visa refusals for applicants in Australia or visa cancellations when the applicant is onshore.
The AAT Review
The AAT reviews decisions based on “the merits.” This entails a thorough examination of each case from the beginning, considering the relevant facts, laws, and policies associated with the decision to reach an independent conclusion. During this process, the AAT has the authority to question the applicant on various matters and may approach the case from different perspectives, which can sometimes catch the applicant off-guard. The delegates are obligated to make legally sound decisions and possess the power to affirm, vary, set aside, or replace a decision, or remit it to the original decision-maker for reconsideration.
The AAT review is a popular option for many visa applicants in Australia whose visas have been refused or canceled while they are onshore. It is important to note that AAT review rights are only available for applications made onshore and do not extend to those submitted from outside Australia. The AAT aims to provide a fair and accessible review process to enhance public trust and confidence in the tribunal’s decision-making and the Australian immigration system as a whole.
Who Can Apply for AAT Review?
You may be eligible to apply for an AAT review if:
- You made a visa application while in Australia, and that application was refused during your stay.
- Your visa was canceled while you were in Australia.
- You submitted a visa application sponsored by a person or organization while outside Australia, and that application was refused. Your sponsor may apply for an AAT review of the decision. This includes partner visas, family member visas, employment visas, visitor visas (family-sponsored stream), and more.
- You are an employer who applied for Standard Business Sponsorship, and that application was refused.
Alpha Legal Group is here to assist you in making your application for a review of your visa application decision. As the AAT conducts its own independent investigation and assessment of your case, we can help you prepare all necessary evidence, forms, and submissions for their consideration. If a hearing is required, we will advise you on the relevant evidence and documents to prepare.
In preparing a comprehensive submission for the AAT review, we can help you obtain copies of records held by the Department regarding your application, including all evidence, documents, forms, and interview records. We can submit a request to the Department by completing Form 424A to access all pertinent information through a Freedom of Information request.
We help simplify the visa migration process
From migration and visa application assistance through to disputes and visa refusals our team of migration consultants and migration lawyers can help.
02 8880 8879
info@alphalegalgroup.com.au
