Which Visa Appeals Go to the AAT?
The Administrative Appeals Tribunal (AAT) has come up with two different divisions affecting migration.
- The Migration and Refugee Division – This division reviews the most visa refusal decisions taken by the Department of Home Affairs.
- The General Division – This division reviews the most character-related visa decisions or refusals for citizenships.
The AAT has the power to review the matters related to the decisions about family visas, bridging visas, nomination or sponsor applications, skilled visas, permanent business visas, temporary work visas, student visas, visitors’ visas, and humanitarian visa categories and citizenship. If there are any fast-track humanitarian visas, then they are not reviewed by AAT
Visa-Related Powers AAT Have
AAT has the power to review the range of migration-related decisions. AAT gets done the assessment of your application. When AAT receives your application, they get the power to review:
- Forms, documents, evidence, and interviews held by the Department of Home Affairs
- Submitted evidence to support your application for the AAT appeal
- Evidence supplied at the hearing
AAT has the power to get done investigations. If during the process, AAT comes to know about any specific information against you about the application affecting the decision or anyone involved in the visa refusal appeal then they will notify you in writing. It is recommended to get legal advice specifically in this case.
Process to Lodge the Appeal in the AAT
This is the general process for the AAT appeal in the Migration and Refugee Division
- Lodge the Appeal Application to the Administrative Appeals Tribunal – The initial step is to apply to the provided time frame which is just 2 days. You can get that done online. When applying for the immigration appeal, upload the required supporting documents that are needed for the immediate start to be the appeal process. It can be an email or letter to notify you why you got the cancellation or refusal visa. Submit a copy of the decision. Then you must provide further documents at a later stage. Here is requirement of paying the fees. In some special cases, you can be eligible for a reduced fee. No worries, we will check that for you.
- You will receive the confirmation of the application letter from AAT.
- We will make you ready for the appeal case – We make you go through the Department of Home Affairs’ decision and what makes the application unsuccessful. Every case indeed has individual circumstances and we will give you the outline of that so that you will be ready for the case.
- Next, you will receive the hearing invitation letter – We have already provided you with the information or required documents for the hearing. Still, a quick check will be done if you need any additional documents required at the hearing then will make you ready with that. Then, we will complete the invitation letter and return it to AAT.
- Attend the AAT hearing with witnesses and migration lawyer – This is an opportunity for you to explain your situation in person and answer the question asked to you by the Tribunal member. You can bring the witness supporting the evidence you provide. We will help you ready with the legal arguments supporting the case.
- You Will Be Asked for Information – In some special cases, AAT requires additional information like medical reports, supportive letters, or documents based on the case.
- AAT Makes a Decision – Now, AAT will review all facts and check for the documents or information you submitted, and then prepare their decision. If it will go in your favor then the matter will be remitted back to the Department of Home Affairs where the visa cancellation will be revoked. If your immigration appeal is unsuccessful then you can further appeal the matter to the Federal Circuit Court or Federal Court of Australia.
How a Registered Migration Agent Can Help?
Engaging a registered migration agent to assist you with the AAT Migration Review process can greatly enhance your chances of success. Here’s how they can help
1. Expert Knowledge
Registered migration agents possess in-depth knowledge of Australian immigration law and AAT processes. They understand the intricacies of the AAT Migration Review and can provide tailored advice based on your specific circumstances.
2. Case Assessment
A migration agent will thoroughly assess your case, reviewing the original decision and identifying any gaps or areas that can be strengthened. They will evaluate the evidence and determine the best strategy to present your case effectively to the AAT.
3. Document Preparation
A crucial aspect of AAT Migration Review is the preparation of strong supporting documentation. A migration agent will assist you in gathering relevant evidence, ensuring it aligns with the AAT’s requirements and addresses any shortcomings in the original application
4. Submissions and Representation
A migration agent will draft persuasive submissions on your behalf, highlighting the key arguments and addressing the concerns raised in the original decision. They can also represent you during the AAT hearing, advocating for your case and presenting the evidence in a compelling manner.
5. Procedural Guidance
AAT processes can be complex, involving strict timelines and procedural requirements. A migration agent will guide you through each step, ensuring all necessary forms and documents are submitted within the designated timeframes
6. Increased Chances of Success
With their expertise and experience, a migration agent can significantly increase your chances of a favourable outcome. They will use their knowledge of AAT precedents and case law to build a strong case that aligns with the AAT’s decision-making principles.
Work with Professionals to Make Visa Cancellation Changes and Approval
No matter what is the reason for the refusal of your visa, we help you get ready for the AAT appeal and makes our best to change that no into yes. AAT Migration Review with a qualified migration agent Brisbane helps you present your case, resolve problems, and improve your prospects of success. Their help and knowledge may provide you with confidence and the highest chance of success. To discuss your case and requirements, give us a call or book an appointment!
