AAT Merits Review
(For Visa Refusals & Cancellations)
Overview
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Administrative Appeals Tribunal (AAT) provides a final independent merits review of visa and visa-related decisions made by officers of the Immigration.
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However, not all decisions are reviewable. The decision letter sent by the Immigration should explain whether the decision can be reviewed by AAT and who can apply for review.
Process
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AAT will send you an acknowledgement letter to confirm that your application for merits review has been received. AAT will also inform the Immigration of your application and request the Immigration to provide it with all relevant documents about your case.
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The case is then allocated to a Member who reviews the documents.
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AAT will invite you to attend a hearing, and/or to provide information or to comment or respond to information.
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In some cases, the Member may announce the decision at the end of the hearing. The Member may decide to send you written reasons for the oral decision, in which case you will be sent the reasons within 14 days after the hearing.
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However, in most cases a decision will not be made at the end of the hearing and when the Member makes a decision. AAT will send you and the Immigration a written statement of decision and reasons.
Pre Hearing
The review will be allocated to a Member who will decide how to proceed. The Member is the person who will make a decision about the review. Before the hearing AAT might:
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ask you to provide further information
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invite you to comment on any information that AAT considers would be the reason, or a part of the reason, for not changing the decision under review
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invite you to nominate other persons who could give evidence or suggest other evidence or materials AAT might obtain.
AAT might make a decision without inviting you to a hearing if the case can be decided in your favour based on the information it has.
Hearing
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A hearing generally runs for one to two hours.
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During the hearing, you are required by the AAT member to answer a series of questions directly related to the visa refusal or cancellation. This is a golden opportunity for you to fully present your circumstances in person, adding additional information to your advantage which may not have been included in the submitted documentation.
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The AAT member usually allows your representative (migration professionals) to put in further explanation and concluding remark towards the end of the hearing.
Possible Outcomes
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If AAT affirms the decision under review, it has decided that the Immigration’s decision should not be changed. The effect of this is that the Immigration’s decision remains in force.
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If AAT sets aside the decision under review, it has decided that the Immigration’s decision should be changed. AAT may replace (substitute) the Immigration’s decision with a new decision.
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If AAT remits the decision under review, it has decided that the Immigration’s decision should be reconsidered. The effect of this is that the Immigration is required to reconsider the application having regard to any directions made by AAT.
Consequences/Duration of Your Stay
After the Immigration receives advice of the decision on your review, the Immigration will act to give effect to AAT’s decision. Your immigration status in Australia may change following our decision. If you hold a bridging visa associated with the application that was the subject of the AAT’s review, or with a decision to cancel a visa, your bridging visa may cease, depending on our decision. One of the following situations may apply:
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Where AAT sets aside the decision under review and substitutes a decision that your visa be granted, your bridging visa will cease.
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If AAT remits the decision under review back to the Immigration for reconsideration, your bridging visa will remain in effect while your application is being processed by the Immigration.
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If AAT affirms the decision under review, deciding that the Immigration’s decision should not be changed, your bridging visa will cease either;
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35 days after our decision is made (if your bridging visa was granted on or after 19 November 2016); or
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28 days after you are notified of AAT’s decision (if your bridging visa was granted prior to 19 November 2016).
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If you decide to seek judicial review of AAT’s affirmed decision, you may be eligible for a bridging visa that will keep your immigration status lawful throughout this process. You should apply for another bridging visa before your current bridging visa ceases.
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Time Limits
The decision letter sent by the Immigration should state the time limit that applies to making an application.
Location
Generally, you must be in Australia to apply for merits review.
Duration of Stay
This visa is valid for 5 years. You may apply for an extension of 2 years if eligible.
Benefits
As mentioned above, you may continue to stay in Australia while your application is waiting to be reviewed by AAT.
Application Fees
The application fee is $3,153.
The fee may be reduced by 50% if AAT is satisfied that the full payment has caused, or is likely to cause, severe financial hardship to the review applicant. AAT will refund 50% of the fee if it makes a favourable decision on your case.
Please note: you may incur third-party charges, for example, for translation.
Processing Time
Kindly note the processing time constantly varies. Please contact us for update.
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Bridging visa – 35 days
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Partner visa – 1009 days
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Family visa (excluding partner visa) – 797 days
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Nomination/sponsor approval -1091 days
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Permanent business visa – 1049 days
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Skilled visa – 148 days
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Student visa cancellation – 382 days
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Student visa refusal – 667 days
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Temporary work – 1069 days
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Visitor – 650 days
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Others – 390 days
Processing Time
You can ask AAT to process the review of your application as a priority by writing to AAT, fully explaining your reasons and providing supporting evidence. We can assist you with this too should you wish your case to be prioritised.
Please note a client refers to a visa applicant, their family members or a sponsoring employer where applicable.
