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

consulting

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

visa granted stamp

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.

Florence Goh
Florence Goh
1729500074
Very thorough and thoughtful lawyer. Danny broke down the process digestably and is very understanding of our situation.
Jamie Tsirigotis
Jamie Tsirigotis
1729499990
Had a fantastic experience with the initial consultation. Danny was very thorough and precise in explaining possible visa options, and has a comprehensive system to allow clients to feel less overwhelmed by the application process. Would highly recommend!
Emi Ishida
Emi Ishida
1728973938
Despite my sudden call and inquiries (personal and confusing), Danny was very patient with me and has provided me with helpful advice and clarification which reassured me a lot. This phone advice was free of charge. I was very impressed and would recommend to someone who is seeking for professional advice/consultation for Australian visas.
Ujjwal Dutt Sharma
Ujjwal Dutt Sharma
1728366437
We have really short time of period to get stay and apply to another 482 but Danny He and Marcus Teng make it happen.Thank you so much Mates.
saroj chhetri
saroj chhetri
1726800316
Ya. Taibi
Ya. Taibi
1725844903
Awesome tema and Great professionals. I went with burning questions to Danny and he was so helpfull with the Matter. I would definetly go back if i needed any advice.
Lucy Lu
Lucy Lu
1725623309
Highly recommended migration agent. Answered all my questions patiently. Initially I was so worried, now I can finally have a peace of mind!
Timothy Lim
Timothy Lim
1725622375
The agent is really nice. He promptly answered my burning questions about a very complicated case related to my visa, and has helped me to solve my issues. I really appreciate his help, would definitely come back to him again!
Phenphisut Intra
Phenphisut Intra
1722589119
Danny is really helpful and gave us lots of useful info, thank you.
biljana budeska
biljana budeska
1722415758
I spoke with Danny today. He provided us with a lot of information and explained things with clarity. I highly recommend going through this company
Talha Farooq
Talha Farooq
1720667386
This review is for Danny, the gentleman who provided me an excellent consultation regarding my skilled visa application. His comprehensive guidance and in-depth knowledge were impressive, as he answered all my questions in great detail. Danny's clear explanations helped me understand the complex visa process, making me feel much more confident about my next steps. I highly recommend this visa consultancy firm for anyone seeking expert advice on their visa journey.
Julio Valencia
Julio Valencia
1718977401
I recently used Gold Medal Visa Agency to organize a partner visa, and I couldn't be happier with their service. From the moment we contacted them, their professionalism and dedication shone through. Their team was incredibly knowledgeable, guiding us through each step with clear instructionsThe communication was top-notch; they were always available to answer our questions promptly. The personalized approach made the entire process feel smooth and stress-free, despite the complexities involved in visa applications.Thank you Danny!!
sayali harde
sayali harde
1718619346
Danny has been super helpful and the consultation was very helpful.
Vineet Prabhakar
Vineet Prabhakar
1718619300
I had an insightful consultation with Danny He. He was very specific in terms of visa terms & conditions, requirements and the entire costing involved. Highly recommend Gold Medal Visa
Dua E Zehra
Dua E Zehra
1717562960
Highly recommended
Mark Leaser Correll
Mark Leaser Correll
1715159085
Had a good experience, helped with visa information and advice.
Rumaisah Zaman
Rumaisah Zaman
1715158983
Danny was my consultant. They're very knowledgeable and helped me a lot. They follow up and are very responsive, which I really appreciated
Jenny Kheng
Jenny Kheng
1714716548
My consultation with Danny was an incredibly informative session. He thoroughly answered all of my questions and also went through each step in detail, which clarified the entire process and made it clear what the next actions should be. I appreciate his professionalism, in-depth knowledge of migration law, and excellent customer service.
Jessy Wallace
Jessy Wallace
1712802673
Danny was fantastic to deal with and very thorough, thank you Danny and team!
Hungjing Tiong
Hungjing Tiong
1712548340
Danny is very professional and experience . He got the experience of very rarely encounter cases which other immigration consultants do not have .Thanks for Danny help . Highly recommended.Danny 非常专业和经验。他有许多罕见特殊情况的的案例经验, 是我质询好几家中介公司无法给予的解答。谢谢Danny . 非常推荐。
John Anderson
John Anderson
1711595086
Thank you Danny for your very professional service in the successful granting of my Vietnamese wife Phuong's Temporary Partner Visa 820. It has taken 10 months of hard work by myself & Phuong together with your detailed checklists & advice to guide us in what we had to do to prepare all the documents. And that was with two additional detailed submissions requested by DHA after our initial application in Aug 2023. It is a far more rigorous and exhausting process than I envisaged before the start and I was pleased to have your assurances later that we had done an impeccable job & we just needed to be patient (despite having to delay our booked flights to Vietnam for Tet). But we seemed to trigger an approval after sending an attractive Australia Flag t-shirt loyalty photo of Phuong! Your knowledge of Aust Migration Law & the visa process is very thorough as evidenced on your website, and your up-front, one-only professional service fee was very fair & reasonable for the stage 1 820 Visa that was granted after 8 months. We are pleased to give you a 5 Star review at this time to follow up our initial similar review. We look forward to continuing our excellent working relationship when we are eligible to start the stage 2 801 Permanent Visa process after another 16 months to further prove our loving & genuine relationship that will be a 3 year marriage then.
Harry Singh
Harry Singh
1711446653
Danny and team have always been prompt and precise with their responses to the type of inquiries I have put forth so far - very supportive and informative.I highly recommend this business.
Darren Grimshaw
Darren Grimshaw
1711154612
Danny and his team were extremely professional. They were always on hand to answer any of my questions and where extremely knowledgeable about migration Law. I would 100% recommend them to anyone who is looking for help to get they're visa.
Amar Abdella Oumar
Amar Abdella Oumar
1710981194
Danny was incredibly helpful when I seek advice about my partner visa application process. He diligently followed up and maintained communication via email and phone. I highly recommend Danny to anyone seeking assistance with their immigration journey.
Joseph Franco
Joseph Franco
1710833362
I'm Very happy for them there Very profesional and helpful
Akash Agrahari
Akash Agrahari
1710461726
Danny is really professional and gives the best advice, If you are looking for someone who will take care of your immigration needs and be available to answer your calls promptly, look no further than Gold Medal Visa.
Neville Hazell
Neville Hazell
1709454699
I've had an initial consultation with Danny. I was very pleased that this was in person - this is the best way to establish a rapport. Throughout the interview he was very professional, he paid careful attention to my preparation and was very clear with his guidance. He specified the next steps and critical path, showing his knowledge and experience. I was fully satisfied with this consultation.
Krisha Patel
Krisha Patel
1707562482
Was really really helpfulDid clear all my queriesMet Danny and he did clear everything in my head was really a calm and composed meeting and felt that I had options to select and no pressure from agenciesHighly recommended if you have to consult for any visa application this one should definitely be your top list
Usman Ali
Usman Ali
1707378258
Danny is easily one of the best consultants I’ve ever talked to. Willingly answered every question me and my wife had. Exposed us to a lot of different opportunities and helped clear our mind. Cheers mate and we’ll see you soon!
Pawani Liyanage
Pawani Liyanage
1707293917
Danny is definitely the right person to help you with your journey here in Australia. He is quick to respond and with his positive attitude he always make sure you understand everything before proceeding any further steps. Also the company fees are extremely reasonable. I am highly recommended.
Sander Savrimuthu
Sander Savrimuthu
1706859241
Danny is a legend, he knows his jobs very well. Highly recommended.
Sarona Faamate
Sarona Faamate
1706587366
We have spent 1 hour of consulting with Mr Danny and I should say we have satisfied with the service provided and we received a lot of answers we have been looking for & new knowledge particularly on PR. The time frame was absolute professional and the way he shared his professions regarding our situation was satisfying. I absolute recommend Danny and his rare service. Thank you so much Danny for helping us understand clearly to sort of visas we really need to look into. Looking forward to hear from you along the way😊 God bless!
Gabe Olver
Gabe Olver
1704703421
Danny was great! We explained our situation and he took everything on board and provided in depth detail about each Visa and provided us with a game plan that made it very easy for us to follow. Highly recommend!
Isabella Ingrassia
Isabella Ingrassia
1703229625
Danny was really helpful in explaining the step by step process of applying to the partner visa. He answered all of our questions and made the process very clear.
Abdo Jouda
Abdo Jouda
1701736237
Great consultation session with Danny, very clear and aware of the laws and requirements.Prepared and ready to answer any question.
Rosalie PEREZ
Rosalie PEREZ
1701670674
I highly recommend goldmedal visa for all our immigrations assistance and concerns..Danny is very approachable and very patient .He managed to answer all my questions and i was enlightened.
Saboor Abdul
Saboor Abdul
1700459832
Have a really great experience with them. They are super professional. Thanks Gold Medal Visa
Benjaporn Theepapan
Benjaporn Theepapan
1700456538
Good service mind and professional when having a consult
Shalni Devi
Shalni Devi
1698713833
Appreciate the consulting done by Gold Medal Visa. Points explained were clear and easy to understand. Great knowledge of other supporting visa and very professional in conducting consultation. Grantee to utilize the services provided.
Maker Gurech
Maker Gurech
1698625568
Today consultation with Gold Medal Visa was so brilliant and fruitful. Danny was so professional and I would recommend his Gold Medal Visa services to people wanting to reunite with their partners and families in Australia. Congratulations Danny for good immigration services you are providing to people all over in Australia.
niya fang
niya fang
1698366015
Danny has a very professional working attitude and is always active in answering any questions. His work efficiency is extremely commendable. We have a lot of trust in this team.
Sandeep kaur
Sandeep kaur
1697512185
I am really grateful for the help and support I received from Gold Medal Visa team. I would recommend to everyone those are looking for a immigration consultant please contact them. I do appreciate how Danny helped me on weekend and lodged my visa within 4 days usually it takes couple of weeks or more to get all the paperwork done. The assurance and commitment to their clients is genuine and true. Thanks again.
Sara Gomes
Sara Gomes
1697157903
Danny was very helpful and clarified all my questions regarding the skilled visa. I felt more confident and less overwhelmed with the process.
Kingsley felix
Kingsley felix
1697057629
Danny is great guy who’s good at what he does, he has lot of patience when dealing with Clients, I recommend him.
Chaturika Jayasinghe
Chaturika Jayasinghe
1696829440
Thank you so much Danny for your awesome visa consultation.
Shivankar Reddy
Shivankar Reddy
1696556803
Highly recommend to everyone
Arun Parvathyraj
Arun Parvathyraj
1694407330
Great consultation
Jordan Dawson
Jordan Dawson
1694167287
Danny at Gold Medal Visa’s was very helpful. His professionalism made the application process very straight forward. Definitely recommend.
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