Practice Notes: The (AAT) Administrative Appeals Tribunal – Migration Review Division. The Process.
Administrative Appeals Tribunal
As many readers of this “blog” know I regularly appear and represent clients at the AAT. It is a specialist tribunal with its own rules and excentricities. In this article I will speak in the broad about the “process”.
The role of the Migration and Refugee Division of the AAT is to review decisions made by the Department of Immigration and Border Protection (DIBP). The AAT have the power to affirm, vary or set aside DIBP’s decision, or to return the matter to DIBP for reconsideration with specific directions. The AAT is able to consider a wide range of visa-related decisions, including refusals and cancellations. This is a de novo hearing and decisions are based on the merits of each particular case.
Your application for review MUST be lodged with the AAT within the required time frame. The letter that you receive from DIBP regarding the decision to refuse or cancel your visa will refer to the exact time frame within which you must lodge your review application, should you take this step.
NB. there are strict timelines in which you must lodge so if you or anyone you know has had a visa or nomination refused or cancelled make an appointment to see us URGENTLY.
The AAT can decide to:
- affirm DIBP’s decision, meaning that is agrees with DIBP’s decision and it will not be changed;
- set aside DIBP’s decision, meaning that the decision will be changed. In this situation, the AAT has the option of substituting DIBP’s decision with a new decision, or returning the matter to DIBP for reconsideration (see below).
- remit DIBP’s decision, meaning that the matter will be returned to DIBP for reconsideration. The AAT may then give DIBP directions that it must take into account when reconsidering its decision.
You MAY qualify for a bridging visa upon lodgement of your review application. The type of bridging visa that you qualify for (if any), along with the conditions of that visa, will depend upon your circumstances at the time that you lodged the visa application that is under review (if the review relates to a refusal decision).
So if you or someone you know has had their visa cancelled or have received notice from the department the visa is about to be cancelled pursuant to section 501 or any other grounds talk to us. (for more about cancelled or refused visa go to
AR LAW Services are not only Masters of Migration and Visa law but we have extensive experience in AAT and Federal Circuit Court appeals including GTE, PIC 4020 Bogus Document, health and character matters and s501 cases, these are extremely complex and specialist area of Australian immigration law and that is where a Master Migration Law with over 20 years experience may give you the edge you need.
In these uncertain times of ever changing laws you can depend on us! AR LAW SERVICES. The Smarter, Tougher, Better Immigration Lawyers. We will fight for you.
Call 03 9614 0218 or email firstname.lastname@example.org to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page