Appeals To The Administrative Appeals Tribunal

Table of Contents

AAT Visa Refusal Appeal: Protect Your Right to Stay in Australia

If the Department of Immigration and Border Protection (DIBP) cancelled your visa or refused your visa application, it is usually possible to apply for a review of the decision to the Administrative Appeals Tribunal (AAT).

Acting promptly and getting expert legal assistance is critical to protect your stay in Australia.

Understanding the Administrative Appeals Tribunal (AAT)

The AAT reviews visa decisions by stepping into the shoes of the original decision-maker and reconsidering the merits of your case. It:

  • Considers the information and documentation you supplied to the DIBP
    Reviews any further material or information submitted to the AAT after your application for review
  • Examines the facts, law, and policy relevant to the original decision to determine whether it was correct

With legal assistance, it is very common for applicants to have a refused or cancelled visa overturned at the AAT.

Common Problems Leading to Visa Refusal or Cancellation

Visa applications can fail for a variety of reasons. Some of the most frequent issues include:

  • Incomplete or inaccurate information or supporting documents
  • Poorly presented or ambiguous applications
  • Not understanding what evidence was required
  • Case officer misunderstandings or errors
  • Failure to strictly comply with legislative requirements
  • Poor quality supporting materials that cast doubt on the applicant’s sincerity or genuineness
  • Poor advice from unregistered or inexperienced advisors, or from the DIBP

The AAT offers a chance to address these problems and have your case reconsidered.

How The Immigration Lawyers Can Assist You

When you retain our firm, we prepare a review package and attend your AAT hearing to provide legal submissions. Our services include:

  • Preparation and lodgement of your visa refusal appeal to the AAT, and handling all communications regarding your case
  • Comprehensive review of your DIBP application and reasons for refusal or cancellation
  • Review and improvement of existing supporting documents
  • Assistance in preparing new supporting documents for submission to the AAT
  • Review of previous legal cases and precedents that may support your application
  • Attendance at your AAT hearing to provide legal submissions
  • Handling any post-hearing issues raised by the AAT

Time Limits for Lodging an Appeal

Strict time limits apply when lodging an appeal to the AAT:

  • Usually, you have 28 days from the decision to lodge your appeal
  • Lodging outside the prescribed period may result in the AAT refusing to hear your appeal (“no jurisdiction”)
  • Late applications are only accepted in very limited circumstances

Contact us immediately if you’ve been refused a visa or had a visa cancelled, so we can advise on your options and deadlines.

FAQS

Can I appeal a visa refusal to the AAT?

Yes, most visa refusals and visa cancellations can be appealed within the strict timeframes.

Usually 28 days from the decision notice; late lodgements are only accepted in limited circumstances.

Include identity proof, visa application details, supporting evidence, and any new material for the Tribunal.

While not mandatory, expert legal representation greatly increases the chance of success.

Depending on your visa type, you may remain lawfully while your appeal is being considered.

Enquiry Form

If you would like to proceed with our firm or require further information, simply complete our enquiry form below or email or phone us.

Email
Full Name
Phone Number
Visa Category
Message

We answer all your immigration questions

Send your message through our Enquiry Form and we’ll respond within 24 hours. Or, if you prefer, you can email or directly call us.

After an initial discussion, we can organise a confidential consultation with our legal experts to discuss all of your immigration needs.

We can come to you, you can come to us, or we can have a video or phone conference – whatever works best for your situation.

We make it easy for you

You can either search by a keyword (e.g. Tourist Visa)
or search by a visa subclass (e.g. 500)