Administrative Appeal Tribunal

Administrative Appeal Tribunal

The Administrative Appeals Tribunal (AAT) provides a mechanism for reviewing decisions made by Australian government departments, including decisions related to immigration and visas. If your visa application is refused or your visa conditions are not met, the AAT can review the decision and provide an opportunity for reconsideration. Our migration services offer comprehensive support for navigating the AAT appeals process, ensuring that your case is effectively represented.

1. Understanding the AAT Process

  • AAT Overview: Explain the role of the AAT in reviewing immigration decisions, including its jurisdiction and the types of decisions it can review.
  • Types of Reviews: Provide information on different types of reviews, such as migration and refugee decisions, and the process involved.

2. Eligibility for Appeal

  • Appeal Eligibility: Assess whether you are eligible to appeal a visa decision to the AAT, including understanding time limits and criteria for lodging an appeal.
  • Reviewable Decisions: Determine if the decision made is reviewable by the AAT, such as visa refusals, cancellations, or conditions.

3. Preparing the Appeal

  • Appeal Grounds: Identify the grounds for appeal, including legal, procedural, or factual errors made in the original decision.
  • Gathering Evidence: Assist in collecting and preparing evidence to support your case, including documentation, witness statements, and expert reports.
  • Written Submissions: Help in preparing written submissions outlining your case, including arguments, supporting evidence, and legal points.

4. Lodging the Appeal

  • Application Process: Guide you through the process of lodging an appeal with the AAT, including completing the necessary forms and meeting deadlines.
  • Application Fees: Provide information on any applicable fees for lodging an appeal and assist with payment.

5. Representing Your Case

  • Case Representation: Offer representation during AAT hearings, including preparing you for hearings, presenting arguments, and addressing questions from the tribunal.
  • Legal Representation: If needed, arrange for legal representation or advice to ensure your case is effectively argued before the AAT.

6. Attending Hearings

  • Hearing Preparation: Prepare you for the AAT hearing, including understanding the hearing process, potential questions, and presenting your case.
  • Hearing Support: Provide support during the hearing, including assistance with oral submissions and addressing any issues raised by the tribunal.

7. Post-Hearing Process

  • Decision Review: Assist in understanding the AAT’s decision, including any orders or conditions imposed.
  • Further Actions: Provide guidance on next steps if the appeal is unsuccessful, including options for judicial review or further appeals.

8. Judicial Review

  • Judicial Review: If the AAT decision is unfavorable, provide advice on applying for judicial review in the Federal Court, including the grounds for review and the process involved.

9. Case Management

  • Ongoing Support: Offer ongoing support throughout the appeals process, including updates on case progress and managing any additional requirements or documentation.