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Appeals and Reviews

Appeals and Reviews

When a visa application is refused or a decision is unfavorable, applicants often have the right to seek an independent merits review through the Administrative Appeals Tribunal (AAT). The AAT is not a court; it is a body that re-examines the facts and evidence presented in the original application and determines whether the decision made by the Department of Home Affairs was correct according to the law. Engaging an RMA-associated team is critical in this process, as they can identify the legal errors in the original decision and present a revised, comprehensive case.

Merits Review
The AAT can substitute the Department's decision with a new, favorable decision if the evidence supports it.
Strict Time Limits
Appeals must be lodged within a very strict, non-negotiable timeframe (often 21 to 28 days) from the date the refusal letter is received.
New Evidence
Unlike judicial review, the AAT can consider new evidence that was not available or presented in the original application, offering a fresh opportunity for a positive outcome.
Tribunal Hearing
The process typically involves an AAT Member holding a hearing where the applicant (and their representative) can present oral evidence and witnesses to support their case.
Can I appeal every visa refusal?
No. The right to appeal depends on the visa subclass and whether the applicant was in Australia (onshore) or outside Australia (offshore) at the time of refusal.
How long does an AAT review take?
AAT processing times are lengthy and vary drastically, often taking 18 months to over 2 years for complex matters. The applicant usually retains their bridging visa rights during this period.
Do I need a Migration Agent or lawyer for the AAT?
While you can represent yourself, it is highly recommended to use an RMA or lawyer, as they possess the legal knowledge to identify jurisdictional errors and argue complex migration law points.
What happens if the AAT affirms the refusal?
If the AAT affirms the Department's decision, the visa application remains refused. The next recourse, if available, would be a judicial review in the Federal Courts, which is costly and based only on errors of law.

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