The AAT reviews visa refusals and cancellations to determine if the decision was made correctly. In this guide, we will walk you through the AAT appeal process step by step and explain how Immigration Solutions Lawyers can assist in strengthening your appeal.
What is the AAT?
The Administrative Appeals Tribunal (AAT) is an independent body that reviews decisions made by government departments, including visa refusals and cancellations. The AAT does not issue new visas but determines whether the Department of Home Affairs made the correct decision based on immigration laws and regulations.
Who Can Appeal to the AAT?
Not all visa refusals or cancellations are eligible for appeal. The right to AAT appeal depends on factors such as:
The type of visa refusal
The reason for refusal or cancellation
Whether the applicant is in Australia at the time of refusal
Whether the applicant has the legal right to appeal
It is important to check the decision letter from the Department of Home Affairs to confirm whether you can lodge an appeal with the AAT.
Step-by-Step Guide to the AAT Appeal Process
Step 1: Understand Your Decision Letter
Once you receive a visa refusal or cancellation letter, carefully review the details provided. The letter will include:
The reasons for refusal or cancellation
Whether you have appeal rights
The deadline for lodging your appeal
Instructions on how to appeal
Step 2: Check the Appeal Deadline
You must submit your appeal within the specified timeframe, which varies depending on your visa type and circumstances. Missing the deadline can result in losing your right to appeal. The usual deadlines include:
Onshore visa refusals: 21 days from the date of decision
Offshore visa refusals: 70 days from the date of decision
Visa cancellations: 7 days from the date of decision
Step 3: Lodge Your Appeal with the AAT
If you are eligible to appeal, you need to lodge your application with the AAT before the deadline. The appeal process involves:
Completing an online application through the AAT website
Paying the appeal application fee (currently around $3,000, subject to change)
Providing supporting documents (if available)
Applicants facing financial hardship may request a fee reduction if they can prove financial difficulties.
Step 4: Prepare Supporting Evidence
To improve your chances of a successful appeal, gather strong evidence to support your case. This may include:
Relationship evidence for partner visa refusals
Additional work experience or qualifications for skilled visa refusals
Medical or police clearance certificates (if required)
Witness statements from family, friends, or employers
If you are unsure about what evidence is needed, Immigration Solutions Lawyers can help you build a strong appeal case.
Step 5: Attend the AAT Hearing
Once your application is reviewed, the AAT may schedule a hearing. The hearing allows you to present your case and provide further explanations. The process includes:
Receiving a hearing notice with date and time
Attending in person, via video conference, or by phone
Presenting your case and answering questions from the tribunal member
Legal representatives or migration agents can assist you in preparing for the hearing and representing you during the session.
Step 6: Await the AAT Decision
After the hearing, the AAT will review all evidence and make a decision. The possible outcomes include:
Decision Set Aside – The AAT overturns the original decision, meaning you may be granted the visa.
Decision Affirmed – The AAT agrees with the Department of Home Affairs, and your refusal remains.
Remitted Decision – The case is sent back to the Department for reconsideration.
No Jurisdiction – The AAT determines that it cannot review your case.
Step 7: Next Steps After the AAT Decision
If your appeal is successful, the Department of Home Affairs will process your visa application again. If the appeal is unsuccessful, you may have other options such as:
Applying for Ministerial Intervention – Seeking the Minister for Immigration to review your case.
Filing for Judicial Review – Taking the case to the Federal Circuit Court if there was a legal error in the AAT process.
Considering Alternative Visa Options – Applying for another visa that suits your circumstances.
Common Reasons for AAT Appeal Rejections
Understanding why appeals fail can help you avoid mistakes. Common reasons include:
Insufficient Evidence – Lack of supporting documents or weak explanations.
Failure to Meet Visa Requirements – If you do not meet basic eligibility criteria.
Missed Deadlines – Late submission of appeal or missing important dates.
Poorly Presented Case – Not effectively arguing why the decision should be overturned.
How Immigration Solutions Lawyers Can Help
The AAT appeal process can be complex, and professional legal assistance can improve your chances of success. Immigration Solutions Lawyers offer:
Expert case evaluation – Assessing the strength of your appeal.
Document preparation – Ensuring all necessary evidence is submitted.
Legal representation – Guiding you through hearings and presenting strong arguments.
Alternative solutions – Exploring other visa options if the appeal is unsuccessful.
Conclusion
The AAT appeal process provides a second chance for individuals facing visa refusals or cancellations. Understanding the step-by-step process and preparing a strong case can make a significant difference in the outcome. Seeking professional guidance from Immigration Solutions Lawyers can enhance your chances of success and help you navigate the legal complexities of the appeal process. If you have received a visa refusal or cancellation, act quickly and start your appeal process today.
