Have your visa been refused or cancelled?
A visa may be refused or cancelled due to various reasons and it can be a very upsetting and distressing time.
Once a visa is refused or cancelled, the Department of Home Affairs cannot consider your visa application anymore. However, you are entitled to apply to the Administrative Appeals Tribunal (AAT) for merits review of the decision.
At Ascent Lawyers, we can help you get back on track by lodging an appeal to the AAT.
AAT is also known as the “Administrative Appeals Tribunal”. AAT gives you another chance to present your case. The tribunal member will review all of the relevant facts and evidence of your application and make their own decision.
You have review rights and must lodge your AAT application within 21 calendar days after the day you are taken to have received the visa refusal or cancellation decision.
Your sponsor is entitled to apply for a merits review of the decision to the AAT. The AAT application must be lodged within 70 calendar days after the day you are taken to have received the visa refusal or cancellation decision.
The AAT can make one of the following decisions:
The process is as follows:
For onshore applications, the applicant will be granted an extension of Bridging Visa while waiting for the result from AAT. This allows the applicant to legally stay in Australia.
Once your application is lodged, it will be assigned to an AAT member. During this period of time, you may be asked to provide further information or comment on a particular issue.
At this point, you should prepare an up to date copy of all supporting documents. If you are represented by an immigration lawyer, they will complete the legal submission for you.
This legal submission is an important document in your application as it gives you the chance to specify the reason(s) why your application should not be refused, point out your personal circumstances and indicates how you have fulfilled the criteria in your visa application.
This is your chance to present your case in person. The member will ask you questions or any other witnesses.
The member may make a decision on the day or some time after the hearing.
The time it takes for AAT to complete the review process depends on various factors, including:
For more information about specific timelines, please visit the AAT official website.
In Ascent Lawyers, we have experienced immigration lawyers who can assist you in AAT application. Prior to the hearing, we will arrange a meeting with you to explain the process of hearing and answer any of your queries.
Please note the following points: