Visa Cancellations and Visa Refusals - AAT and MI

Administrative Appeals Tribunal and Ministerial Intervention

If you have received notification from the Department of Home Affairs to cancel your visa or refuse your visa application, it is possible that an error was made in the decision-making process. If this is the case you may be able to appeal that decision to a review body called the Administrative Appeals Tribunal (AAT).

The AAT is an amalgamation of the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) and provides the opportunity to appeal or seek a review of the unfavourable decision.

The timing of lodging an appeal is critical. If you do not lodge within the specified timeframe you will be prevented from submitting a review of the decision and your options on what to do next will be limited. Generally, the timeframe is 21 days but, will ultimately depend on your situation.

Registered Migration Agents are well equipped to advise on and represent clients at the AAT, presenting arguments and further supporting evidence for a Tribunal Member to consider, before a decision is made.

During this process, you are likely to have a hearing where the Tribunal Member may wish to seek further clarification on some of the facts presented. You can also use this time to call a witness to give additional evidence.

If the AAT decides to ‘remit’ the application, your case will be sent back to the Department for reassessment of the relevant provisions and further consideration.

If the AAT makes a ruling to ‘affirm’ the original decision, this means that the cancellation or refusal still stands. You may have the option of lodging another a further appeal by seeking a Ministerial Intervention directly with the Minister for Home Affairs; or by engaging a legal practitioner to represent your case with the Federal Circuit Court.

To give yourself a good chance of success it is important to be fully prepared in the timing of your lodgement with either the AAT or Minister for Home Affairs, in your appeals application, supporting submissions and subsequent hearings.