If you have ever received a visa refusal or visa cancellation, in certain cases, you may be able to appeal the decision to the Australian Administrative Appeals Tribunal (AAT). The role of the Tribunal is to review the Department’s decision for refusing or cancelling your visa application. They will then determine whether the decision was decided fairly and on reasonable grounds. If not, the Tribunal can overturn the initial decision. If the matter is sent back to the Department for reconsideration, generally speaking, the Department will grant the visa or revoke the visa cancellation.
The AAT can review certain decisions made under the Migration Act 1958:
- to refuse or cancel different types of visas
- to refuse to approve a nomination of an occupation, activity or position
- to bar, refuse to approve or cancel the approval of a sponsor
- Relating to requiring a security.
The Migration Act and the Migration Regulations 1994 specify what decisions the AAT can review. Generally, the decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review.
Unfortunately, the AAT cannot
- review every decision to refuse or cancel a visa
- review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration
- Review a decision if you are not entitled to apply for a review.
If a delegate of the Minister decides not to revoke the cancellation of your visa, you can apply for a review by the Administrative Appeals Tribunal (AAT). If you are in Australia, appeals have strict time limits. You must apply in writing within the time specified by the Department in our decision notice. This is usually the first day of the time period for lodging an application, which is the day on which you are taken to have been notified of the decision. This means that the time period ends on the prescribed number of days after the day on which you are taken to have been notified the decision.And, the other actions you can do is seeking judicial review if you believe the decision was not lawfully made.
If your AAT application is successful, then your application will generally be remitted back to then Department for final determination and decision. The Department’s processing time for such applications is generally relatively short. However, processing times do vary significantly especially during these times as a result of the current pandemic we are all facing.
It is important to note, however, that receiving an approval of your AAT appeal does not guarantee that your application will be approved. The Department will still need to re-check that all the relevant eligibility requirements are satisfied. There can be instances where a requirement such as a health or character requirement was not satisfied.
If in the unfortunate circumstance your application for review at the AAT is not successful, then you will be notified that your current bridging visa will cease in a certain period of time. If this happens you can either seek a Ministerial Intervention or appeal to the Federal Court.
Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about visa cancellations and visa refusals, or you wish to speak to us directly about applying for a review or appeal of your visa, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
