AAT Migration Review
Administrative Appeals Tribunal (AAT) is not a part of the department of home affairs, their job is to review the decision made under the commonwealth act which includes visas for migrants. You may be eligible for an AAT review if your visa refusal or cancellation letter state that you are eligible for an AAT review. The AAT will freshly look at your case without the influence of the department of home affairs, meaning that you can provide additional documents and evidence that you did not submit the first time you lodge the visa application. If you are holding an active bridging visa, you will get an extension for your bridging visa while AAT is looking at your case, it usually takes 1 to 2 years for AAT to make a decision but sometimes it can be much faster. You do not need a migration agent/lawyer to represent you, you can represent yourself for the review.
Application Review Lodgement
You have to lodge your application via the AAT website. After you lodge your review, AAT will contact the department of home affairs to receive the copy of the submitted documents, you will not receive the copy of the documents in most cases but you will be able to ask a copy of your submitted documents from the department of home affairs by yourself or request it from AAT after they have your documents. If you would like to travel, you should contact AAT before travelling even when your current visa allows you to travel.
Provide New Information
With AAT review, you can submit new documents and evidence that was not submitted prior to the refusal or cancellation of the visa. Documents can be submitted via the AAT website, you should submit the additional documents as soon as possible.
You might be required to attend a hearing, if your documents are enough for AAT to decide the outcome of the review then a hearing is not necessary. You can present your argument as to why the visa application outcome should be changed but AAT will still judge your arguments to the evidence provided.
A decision is made after a hearing. AAT will make one of the following decisions:
- Affirm: the decision remains unchanged
- Vary: the decision is altered is some way, the alteration might not work in your favour.
- Set aside: AAT agrees or patially agrees that the original decision is wrong and new decision may be made to replace it.
- Remit: sending the matter back to the department of home affairs so that they can change their decision based on the instruction of AAT
AAT will send the department of home affairs the decision that they have made based on their review and it is up to the department to apply any changes to the original decisions.