AAT Merits Review
(For Visa Refusals & Cancellations)
Overview
-
Administrative Appeals Tribunal (AAT) provides a final independent merits review of visa and visa-related decisions made by officers of the Immigration.
-
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
-
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.
-
The case is then allocated to a Member who reviews the documents.
-
AAT will invite you to attend a hearing, and/or to provide information or to comment or respond to information.
-
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.
-
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:
-
ask you to provide further information
-
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
-
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
-
A hearing generally runs for one to two hours.
-
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.
-
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
-
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.
-
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.
-
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:
-
Where AAT sets aside the decision under review and substitutes a decision that your visa be granted, your bridging visa will cease.
-
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.
-
If AAT affirms the decision under review, deciding that the Immigration’s decision should not be changed, your bridging visa will cease either;
-
35 days after our decision is made (if your bridging visa was granted on or after 19 November 2016); or
-
28 days after you are notified of AAT’s decision (if your bridging visa was granted prior to 19 November 2016).
-
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.
-
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.
Tricks and Common Reasons for Refusal
1 – Unfamiliarity with How AAT Works and Its Mentality
In many cases, applicants submit their supporting documentation for merits review in an disorderly manner, giving AAT a hard time digging through tons of paperwork to get things in the right order when picking up a new application. This will potentially lead to endless back-and-forth clarification, wasting lots of time on both sides and can even result in an unfavourable decision. This is common since applying for a AAT merits review is the very first time for most applicants. As a result, our team have developed our own system for labelling, coding, structuring and, where necessary, cross-referencing documentation so your application can be submitted in the most presentable and logical manner.
2 – Careless Yet Costly Mistakes
Applying for AAT merits review is seem as a delicate work of art due to the staggering amount of attention, paperwork, and details involved. A seemingly minor error such as a typo, a date entered wrong, or a tick in the wrong box in the application form can prove costly as the AAT processes all applications strictly based on migration law, in particular Migration Act 1958 and Migration Regulations 1994. Even a small error can be regarded as failing to satisfy a visa requirement and lead to a visa refusal. To minimise incidents as such, our team pay extra attention while editing and drafting paperwork and always proofread and also conduct a final review of documentation before submission.
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.
-
Bridging visa – 35 days
-
Partner visa – 1009 days
-
Family visa (excluding partner visa) – 797 days
-
Nomination/sponsor approval -1091 days
-
Permanent business visa – 1049 days
-
Skilled visa – 148 days
-
Student visa cancellation – 382 days
-
Student visa refusal – 667 days
-
Temporary work – 1069 days
-
Visitor – 650 days
-
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.
Unbeatable 5-step Services at Microscopic Level - How Exactly We Make It Hassle-free
Step 1: Initial Consultation
During our initial consultation, we thoroughly advise you on:
-
your visa options and related matters
-
your detailed application process
-
potential challenges and solutions based upon your circumstances
-
business sponsorship obligations for you as well as your employer
-
your work rights during different stages of the application process
-
estimate timeframe for preparing your application and its processing time
-
compliances issues, including but not limited to how you ought to comply with your visa conditions
-
potential breaches of business sponsorship obligations, and consequential sanctions and penalties
-
fees involved in each stage (e.g. skills assessment, state/territory nomination, visa application, health examination, police certificate)
It goes without saying the first and foremost thing in a visa application is get a clear picture of what visas you are indeed eligible for, and equally importantly, which one of them suits you the most. We’ve seen too many clients who, for some reason, rushed an application and halfway through realised they were not actually on the right path due to ineligibility issues before approaching us, for example, because:
-
their self-claimed work experience was not or only partially accepted by the Immigration, which was unfortunately common
-
the length of their work experience or residence in Australia (as required by some visas) was not recognised by the Immigration
-
they settled on an unsuitable occupation at the beginning of a work/employment visa application just because the occupation was migration-eligible whereas their daily duties failed to be in line with the prescribed job tasks of the selected occupation
-
they simply took into consideration the visa requirements by the Immigration without even considering the criteria of skills assessment by the skills assessing body as well as those of the government for state/territory nomination which vary from time to time even without prior notice
-
they applied for the partner visa they were not actually eligible for as they failed to meet the cohabitation requirement from the Immigration’s perspective
-
the turnover and/or assets they relied on for business visa application was not recognised by the Immigration due to various reasons
Step 2 – Letter of Advice
Following the consultation, we will email you a letter of advice containing what we discussed during the initial consultation in case you miss out on anything. This gives you peace of mind as it outlines everything there is to know about your visa application.
Step 3 – Gathering Supporting Documents
During this stage, we will:
-
send you a one-in-all, comprehensive and exclusive checklist for all the supporting documents you will need to provide and the checklist:
-
outlines the detailed requirements (e.g. format, word limit, size limit, points of emphasis and information to be included and excluded) for each and every document you will need to provide
-
contains critically useful templates not available anywhere else that are highly relevant to your visa application, for example, for work reference, employment contract and relationship statement depending on the type of visa you apply for
-
-
working closely with you throughout to ensure supporting documentation is collected and done just right
-
compile and filter your documents, retaining only the relevant ones and leave out those not to-the-point. Remember: it’s not ‘the more, the better’ when it comes to a visa application. Rather, being selective about what to submit and how to present it is actually more important
-
clearly label and cross-reference your documents to ensure they are in the most organised and presentable manner in the eyes of the Immigration
-
stay in touch with you by phone and email and you are also more than welcome to visit our office to chat to us in person
-
clarify any doubts or questions you may have regarding your application so you can stay on top of things
-
when ready, draft and submit EOI, skills assessment application, state/territory nomination application and visa application for you
-
drafting certain legal documents for you where appropriate to make things easier for you
-
keep you in the loop of any migration law update that may affect you, especially your visa eligibility
-
thoroughly review all supporting documents you sent through to us
-
correct errors in documents we received where appropriate or let you know exactly where and how you need to rectify an issue
-
remind you of outstanding supporting documents via phone or email so that you are fully aware of where we are on your application anytime
-
liaise with your partner (for partner visa application) or employer (for employer-sponsored visas) for missing information or clarification where necessary
-
liaise with other third parties involved, including but not limited to skills assessing authorities, state/territory governments and the Immigration on your behalf to seek clarification on key information
-
conduct a final review of your supporting documentation before the final submission
Step 4 - Submitting Your Visa Application
Upon the completion of the final review of, we will:
-
attach all supporting documentation to your application
-
submit your visa application to the Immigration
-
email through the receipts for visa application fees for your record
-
advise you of the most updated visa processing time so you know what to expect
-
email you the bridging visa grant letter if applicable so you can breathe a sigh a relief and remain in Australia without having to leave while your application is being processed by the Immigration
Step 5 – After the Submission Until a Decision Is Made by the Immigration
Following the submission, we will:
-
constantly keep an eye on your lodged application
-
liaise with the Immigration in a timely manner, ensuring nothing slips through the cracks where the Immigration requires additional supporting documents and/or information, which is fairly common because it is a judgement call by the Immigration officer at the end of the day despite the seemingly straightforward visa criteria
-
decide on the best approach to addressing the Immigration’s query by drawing on our nearly 20 years of expertise
-
keep you updated should there be any notifications from the Immigration
-
assist you in preparing the requested documents and/or information and submit them on your behalf
-
chase up your application with the Immigration, especially when it has gone beyond the expected timeframe
-
instruct you on when and how to book health examination and obtain police clearance
-
notify you of the application outcome
-
if application is successful - send you the visa grant letter and explain to you your employment and residence rights and the range of benefits you are entitled to
-
if application is unsuccessful - properly advise you on your options moving forward to eventually obtain the visa you are after
Please note a client refers to a visa applicant, their family members or a sponsoring employer where applicable.