AAT Reviews

The Administrative Appeals Tribunal (AAT) reviews decisions that are made by Department of Immigration and Border Protection (DIBP). They conduct merit reviews and have the power to approve, change or set aside the decision made by DIBP. Their decisions are made taking into account factors of each case.

If an applicant wishes for a review of their visa application, then it needs to be lodged with the AAT within a particular time fame. In cases, an individual’s visa has been canceled or refused, the time frame is specified within the letter which is usually around 21 days from the date of a decision to refuse a visa application, and 7 days from the date of a decision to cancel the individual’s visa. It is essential for the applicant to be physically present in Australia when the application for review is made. These timeframes need to be adhered to as not doing so could lead to the AAT declaring the application outside their jurisdiction.

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Administrative Appeals Tribunal (AAT)

The AAT has the authority to:

Step 1

Skill Assessment

Approve

The decision made by the DIBP is validated by the AAT and it will not be changed

Step 2

Set Aside

The AAT can set aside DIBP’s decision which implies that the decision will be changed. Here, the AAT can replace the DIBP’s decision with a new one, or returning the matter to DIBP for reconsideration.

Step 3

Apply for Skill Assessment

Remit

The AAT can remit the DIBP’s decision, implying that the matter will be returned to DIBP for reconsideration. The AAT may then give DIBP certain directions that it must take into account when reconsidering its decision.

It is possible that the applicant could qualify for a bridging visa upon lodgment of their review application. Depending on the circumstances at the time of lodgment of the visa, the type of bridging visa that they qualify for (if they qualify) will be decided.

It is best to keep in mind that it could take the AAT some time for completion of its assessment and come to a decision regarding the individual’s application.

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AAT Reviews Australia

Reviewable AAT Decisions:

Here are the types of decisions that are reviewable by the AAT:

  • The refusal of a substantive visa to an individual who is subject to restrictions under section 48 due to a refusal or cancellation of a earlier visa

  • Decisions refusing applications for December 1989 entry permits

  • The refusal of a substantive visa where the applicant is in immigration detention when the decision is notified to them, and decisions to refuse a visa made by the Secretary or by an officer acting/holding a Senior Executive Service position

  • Decisions related to refugee status made before 1 September 1994 as well as decisions which refuse or cancel protection visas made after 1 September 1994

  • The decision to deport a person, refuse or cancel visas on character grounds under s 501, and decision cancelling business visas under s 135 are reviewable

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Global Migration

REACH YOUR DREAM

Reliable Migration Agents in Australia

Whether you want to pursue your career goals or bring your parent to Australia, reach out to our experts who are here to assist you in all aspects of migration. Reach out to Global Migration today.

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Why to Choose us as Migration Agent

Registered Migration Agent

Professional who provides immigration advice and assistance to individuals and businesses.

Registered Migration Agent

Professional who provides immigration advice and assistance to individuals and businesses.

High Visa Success Rate

Achieving a high rate of approved visa applications for clients.

High Visa Success Rate

Achieving a high rate of approved visa applications for clients.

Reasonable Professional Fee

Charging a fair and justifiable price for immigration services rendered.

Reasonable Professional Fee

Charging a fair and justifiable price for immigration services rendered.

Over 5 Years of Experience

Having more than 5 years of practical experience in immigration services.

Over 5 Years of Experience

Having more than 5 years of practical experience in immigration services.

What Our Clients Say

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1 year ago

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1 year ago

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Suparna Maity
1 year ago

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