AAT Review and Appeal
The AAT Tribunal are a statutory body with the authority to review decisions made under the Migration Act 1958 by the Minister or by delegates of the Minister within the Department of Home Affairs.
When reviewing a visa decision, they will reassess the case and have the authority to change the decision under review.
The Migration Act 1958 and the Migration Regulations 1994 outline:
- The decisions that can be reviewed.
- Who can seek a review.
- The process for applying for a review.
- The time limits for lodging review applications.
- The application fee payable.
The rules regarding who may seek a review, the relevant time limits, and the application fee vary depending on the type of decision and whether the person is in immigration detention. The Tribunal does not have the power to make exceptions to these rules.
Who can apply for review?
The Visa decision letter sent by the department of Home Affairs will indicate on it whether the Visa decision can be reviewed by the AAT and who is eligible to apply for a review.
The AAT can only accept a review application from someone who has the right to apply. This could be the visa applicant or former visa holder, or in some cases, the sponsor or a close relative. Eligibility may also depend on whether the applicant is in Australia at the time of the decision or when the review application is lodged, or both. The AAT cannot provide specific advice on individual circumstances; however, you can seek guidance from a registered migration agent, an Australian lawyer with a practicing certificate, or another provider of immigration assistance.
Time limits for making your application for review
The Visa decision letter sent by the department of Home Affairs should state the time limit for making an application to the AAT Tribunal.
If you intend to apply for a review, please note that we cannot extend time limits or accept applications made after the deadline. If lodging an application by post, ensure you allow enough time for the application to be received before the time limit expires.
How do you apply for review?
To apply for a review yourself, you must complete and lodge an ‘Application for Review’ form and pay the application fee (or 50% of the application fee together with an application for fee reduction) within the time limit. See below for information about the application fee.
Applications can be lodged online or by completing a form and lodging it by email, post, fax, or in person. Applicants in immigration detention must use form M2 – ‘Application for review – Migration (For persons in immigration detention)’. All other applicants must use form M1 – ‘Application for review – Migration (for persons not in immigration detention and organisations)’. The forms are available from any of the AAT offices and are also available on the AAT website.
Combined applications for review
Members of the same family unit can usually combine their applications for review. An application for review of a decision to require a security can also be combined with a related application for review of a decision to refuse to grant a visa. Where applications can be combined, only one application fee is payable and only one application form needs to be used.
The application fee
- A fee is payable in all cases except for applications from persons in immigration detention for bridging visa decisions (including security requirement decisions).
- The application fee is $3,374.
- The fee may be reduced by 50% if severe financial hardship can be demonstrated.
- A 50% refund is available if a favorable decision is made.
- Use the ‘Request for fee reduction – MR Division’ form (M11) for fee reduction requests.
How do we work?
Accessible, Fair, and Just Reviews
Our mandate is to provide a review process that is accessible, fair, just, economical, informal, quick, and proportionate.
General Features of a Review
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Minister and Department Representation:
- The Minister and the Department of Home Affairs are not represented during the review.
- The department is required to provide all relevant documents to the AAT for the case under review.
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Access to Materials:
- You are entitled to access or obtain a copy of all materials relevant to your case, with some possible restrictions.
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Submissions and Evidence:
- You can make written submissions and provide documentary evidence at any stage of the review process.
- Electronic submission of materials is preferred by the AAT. If documents are sent electronically, there is no need to mail the original documents.
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Representation:
- You may nominate us to help prepare and run your case.
- We can submit written materials, provide documentary evidence, and contact the AAT Tribunal on your behalf.
- We can accompany and assist you during meetings or hearings. However, we can only make an oral presentation in exceptional circumstances.
- We charge a fee for immigration assistance as we are Australian lawyers with a practising certificate.
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Authorised Recipient:
- You may nominate us to receive correspondence on your behalf.
- All correspondence will be sent to us and deemed as sent to you.
- In some cases that involves a refusal or cancellation of a bridging visa and you are in detention, the Tribunal may send copies of correspondence to both you and us as your authorised recipient.
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Information and Response:
- The Tribunal are required to inform you of any information that might lead to an adverse decision and give you an opportunity to respond.
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Invitation to Provide Information:
- If you are invited by the Tribunal to provide information or comment within a specified time period, it is crucial to respond within that time to avoid losing your right to a hearing.
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Hearing Invitations:
- Generally, you will be invited to a hearing where you can request to provide evidence from other persons.
- You may be accompanied by us as your representative and/or a friend or support person.
- We Tribunal will provide an interpreter if required.
Who else can I Seek Assistance from with my application?
The following outlines who you may choose to seek help from:
- A registered migration agent
- An Australian lawyer with a practising certificate
- A close family member (spouse, child, parent, brother, or sister)
- Your nominator or sponsor if you are a visa applicant
Note that only registered migration agents or Australian lawyers with a practising certificate can legally charge a fee for providing immigration assistance.
What will happen during the review?
Acknowledgement and Document Request:
- Upon receiving your application to the Tribunal, you will receive an acknowledgement letter to confirm receipt.
- The Tribunal will inform the Department of Home Affairs of your application and request all relevant documents regarding your case.
Case Allocation:
- The case is allocated to a Member of the AAT for review.
Document Review:
- The Member reviews the documents provided by the Department and any additional information submitted.
Invitation for Hearing or Additional Information:
- The Tribunal may invite you to attend a hearing, provide additional information, or respond to specific information.
- In some instances, the Member may announce a decision at the end of the hearing.
Decision Announcement:
- If a decision is announced orally at the hearing, the Member may send you written reasons for the decision within 14 days.
- Alternatively, you can request a written version of the decision and the reasons stated at the hearing within 14 days of the hearing.
Written Decision:
- In most cases, a decision will not be made immediately at the end of the hearing.
- When a decision is made, the Tribunal will provide you and the Department of Home Affairs a written statement of the decision and the reasons for it.