Common Questions and Issues
It is not uncommon to encounter visa issues in Australia. If you are in Australia, under most circumstances, you may be able to appeal the decision to the AAT (Administrative Appeals Tribunal).
What is the AAT?
The Administrative Appeals Tribunal (AAT) is the merits review body for most administrative decisions by the Federal Government. In the Migration Division, the AAT operates as a non-adversarial tribunal to review decisions by the Department of Home Affairs. This means that you can be represented by a Migration Agent, but that there is no representing counsel on the Department of Home Affairs’ side. Decisions are made by a tribunal Member who will review the Department of Home Affairs’ decision and the facts of your situation.
The AAT can decide to either remit or affirm the decision by the Department of Home Affairs. If the decision is affirmed it means that the AAT agrees that your visa application should have been refused or your visa cancelled. You may then have a right to further appeal the decision.
If the decision is remitted this means that the AAT does not agree with the basis on which your application was refused or visa cancelled by the Department of Home Affairs. In the case of visa refusals, if the AAT remits the decision, your case will be forwarded back to the Department of Home Affairs for further assessment. The Department of Home Affairs will then look at any remaining requirements for grant of the visa (eg health and character).
If the AAT affirms the decision, you may be able to lodge a further appeal. The two most likely options would be to the Federal Court or an application for Ministerial Intervention.
The appeal process can be very daunting and stressful. It is very important to make the most of your opportunity for merits review, as you may not have another chance to have the facts of your case assessed.
Representing clients at the AAT requires a comprehensive knowledge of visa requirements, the ability to research relevant case law and expertise in the processes and procedures of AAT appeals.
This is where ACIC can help as we have represented clients successfully at the AAT on numerous occasions. If you would like advice and assistance in making an appeal for your refusal or cancellation, please book a consultation with one of our migration advisors to have a free assessment of your case. In the consultation, we can give you an indication of the overall prospects of success and likely issues in your case, as well as any alternative visa pathways.
Did you know? ACIC’s education advice and application service is FREE for international students already in Australia as we are an authorised and official representative of the long list of universities and colleges that we work with.
- Provide you with options if your visa application has been refused or your visa is cancelled.
- Assist you in the AAT process including the preparation of documents and managing the entire submission process
- Represent you as a client at AAT
- Help you design backup plans
- We use customised and modern CRM software to monitor your application and deadlines
The ACIC Difference
ACIC is recommended by all the top institutions in Australia – click here to see video testimonials.
ACIC was established in Australia in 1988 and we now have over 35 years of experience in the Australian education sector. Our experience is unrivalled in the industry and is backed by the 70000+ students whom ACIC have successfully helped enroll in Australian institutions. That’s a lot of experience and knowledge that you can rely on. You can be assured that ACIC will provide you with the best advice.
Our in-house registered Migration Team has lots of successful case experience in representing clients at AAT and can directly provide you with the best advice and options. No matter your circumstances, ACIC can design a plan for you.
ACIC focuses exclusively on migration and visa services in Australia (not other countries) so we are a true expert on Australian migration and visas.
All of ACIC’s staff are highly qualified and experienced. They undertake regular training and have the latest course and visa information. Over 85% of our staff at our Head Office have completed a Master’s degree from an Australian university and over 95% have studied at an Australian tertiary institution, so they have first-hand experience of visa processes, work and life in Australia.