AAT Reviews & Appeals
Many migration decisions are reviewable by the Administrative Appeals Tribunal, either in the Migration and Refugee Division or in the General Division or in the Immigration Assessment Authority (IAA).
Decisions are reviewed by Administrative Appeal Tribunal – M & R Division
AAT can review decisions in relation to:
- Onshore applications
- Sponsored applications
- General visa cancellations if a visa holder is onshore
- Business sponsorship
- Detention due to visa cancellation
Decisions are reviewed by Administrative Appeal Tribunal – General Division
- refusing/cancelling a visa on character grounds
- Refusing/cancelling a protection visa on character grounds
- cancelling business visas
- deporting a PR under criminal deportation
- Adverse ASIO assessments
- Citizenship refusals
- decisions made under FOI Act
- decisions made by OMARA
Decisions NOT reviewed by Administrative Appeal Tribunal
- decisions by the Minister personally to issue a certificate declaring a person to be an excluded person under s502
- decisions by the Minister personally to refuse or cancel a visa on character grounds and deny the person concerned rules of natural justice under ss501(3) & (4), 501A(2) & (3), and 501B(2)
Who Can Apply For A Review
Are you an eligible applicant?
- If a visa applicant is Australia – the applicant
- If a visa applicant is offshore – the sponsor/nominator or close family member in case of resident return and visitor visas
- For business sponsorships/nominations and ENS/RSMS/Labour Agreement nominations – the Australian business nominator
What if my appeal fails at Administrative Appeals Tribunal (AAT)?
If the AAT review is ‘Affirm’, then the applicant has 2 options:
- Application to Federal Court: This is recommended if there has been a Legal Error in the decision by the department and AAT.
- Application for Ministerial intervention: The applicant can write a request to the Minister if there is a good reason or case for the Minister to intervene in applicant’s case.
What Visa Do I hold While My Application Is Being Reviewed?
The applicant would hold a Bridging Visa which will have the carry the same conditions as the applicant’s previous visa (i.e work or study rights). The applicant will be able to stay in Australia for as long as it takes for the review application to be processed.