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Administrative Appeals Tribunal

A review application at the Administrative Appeals Tribunal (AAT) may be your best course of action in response to the dreaded visa refusal or cancellation decision.

What is the AAT?

The AAT is an independent body with the power to review certain decisions made by the Minister or delegate of the Minister at the Department of Home Affairs. The Tribunal has the authority to overturn decisions or return an application to the Department for reconsideration.

The process is designed to be non-adversarial, so it should not feel as if you are being interrogated, as might occur in a court setting.

Administrative Appeals Tribunal (AAT). Full representation, advice and assistance for Australian visa refusal and cancellation applications.
Detailed planning and strategy required for the preparation of a successful Administrative Appeals Tribunal (AAT) visa refusal appeal application.

Considerations for applicants

Time Frame
There are strict timeframes in which AAT review applications must be made. Details should be found on your refusal or cancellation notification.
The AAT is bound by rules regarding which types of decisions can be reviewed. Again, your decision notification should explain whether the decision is reviewable by the AAT.
Migration Agent Representation
Although the process should be non-adversarial, it can be an overwhelming and stressful situation to face. Advice and/or representation by a Registered Migration Agent is highly recommended.

Should the AAT have authority to review your refusal or cancellation decision, we can assist you with an AAT review application by:

Representation, advice and assistance with an application to review a decision to refusal or cancel a visa.
Research, prepare detailed and persuasive submissions specific to your circumstances, and relevant to current trends in AAT decision-making.
Guidance on supporting documentation.
Assistance with understanding the processes of a Hearing, and guidance on what you may expect on your Hearing day.
Representation at Hearing (online or in-person, as applicable).
Full representation, advice and assistance for Australian Administrative Appeals Tribunal (AAT) visa refusal review applications.

Cost of Hearings

$3,153 per application, with 50% of the application charge refundable if the review is decided in your favour. Processing and allocation times vary depending on case.

Case Study

AAT Hearing during COVID-19

The client, a business in the travel industry, was caught up in the spate of arbitrary ENS nomination refusal decisions throughout 2018. The Department of Home Affairs Delegate refused the ENS nomination application because the company did not meet its training benchmark obligations.

I explained to the client that the original decision was not well reasoned, so we proceeded with an AAT review application. The client waited until February 2021 for an AAT Hearing, by which time the COVID-19 pandemic was in full swing. The dramatic change in circumstances left the client in an unenviable position of defending the company’s financial outlook – in the middle of international border closures.  

Through clear submission writing and meticulous pre-Hearing preparations with the client, we convinced the AAT Member that although the company was trading at essentially zero, the financial prospects for business were strong enough to warrant a genuine need to fill the position.

Ready to get your visa application in focus?

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