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.
The AAT has the authority to:
Step 1
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
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.
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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