Administrative Appeals Tribunal

Visa refusal or Cancellation!! It can definitely befrustrating, disappointing, disheartening and discouraging and which might create hindrance to your career goals or to your dreams to move to Australia for your better future.

We as a team understand the anxiety of refusal or cancellation and that is why Valet Migration has a team of professionals to guide you to appeal against the DIBP decision and not to sit back and take it as a final decision for your life.

After the Department of Immigration and Border Protection (DIBP) has made the decision on your application to either refuse or cancel your visa – DON’T lose hope and DON’T stress becausein majority cases, you may be eligible to approach Administrative Appeal Tribunal (AAT) for review of your application against the decision of DIBP.

AAT

The Administrative Appeals Tribunal is an independent body established to provide individuals and agencies an independent review of a wide range of administrative decisions made by the Australian Government and some non-government bodies. On 1 July 2015, the Migration Review Tribunal, the Refugee Review Tribunal and the Social Security Appeals Tribunal were amalgamated with the Administrative Appeals Tribunal.

Therefore, AAT (Administrative Appeals Tribunal) is an Australian tribunal which provides quasi-judicial review of administrative decisions by the government of Australia.

The Administrative Appeals Tribunal (AAT) conducts independent merit reviews of administrative decisions made under Commonwealth laws.  This means that AAT takes a fresh look at the facts, law and policy relating to the decision made by the department and arrives at its own decision.

Following are the some of the reasons for your visa refusals:

  • Wrong visa application
  • Failure in proving the financial capacity
  • Incomplete or false information
  • Sponsor of the applicant failed to meet the requirements
  • Unawareness of the course applied for
  • No relevancy of the applied course with the current qualifications or experience
  • Bogus Documents

Time Limitation for Application

When you are applying for an appeal, you must lodge the application for review within the timeframe specified in the notification letter of decision. There may also be an additional application fees for the appeal application.

AAT hearing

A hearing is an opportunity for the parties to a review to present their case to the AAT.

You and the department, agency or other organisation that made the decision will have a chance to present information and arguments to the AAT about the decision. You will be able to tell the AAT why you think the decision is wrong. The AAT will then make a decision.

In most cases, the hearing will be conducted by one AAT Member, although there can be two or three AAT Members.

Decisions

The AAT must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.

There are four types of decision which AAT is liable to make. The AAT has the power to:

  • Affirm a decision
  • Vary a decision
  • Set aside a decision and substitute a new decision, or
  • Remit a decision to the decision-maker for reconsideration.

If AAT affirm the decision under review that means the Tribunal has decided that the decision under review should not be changed. The effect of this is that the decision of DIBP remains in force.

If AAT Varythe decision under the review that means the Tribunal disagrees with the decision of the department to refuse or cancel your visa and resend your application with new instructions and recommendation.This means the decision has been changed or altered in some way.

If AAT set aside the decision under review then that means that the Tribunal has decided that the decision should be changed. Then the AAT may replace (substitute) the decision with a new decisionor partially agrees that the decision was wrong and has changed all or part of the decision.

If AAT remit the decision under review then that means that the Tribunal has decided that the decision should be reconsidered. The effect of this is that the department is required to reconsider the application having regard to any directions made by us.

Further the AAT may also decide that they have no jurisdiction to review the decision which means that the tribunal has we have decided that we have no power to review the delegate’s decision.

Valet Migration Team

Representing clients at the AAT requires a comprehensive knowledge of visa requirements, the ability to research relevant case laws and expertise in the processes and procedures of AAT appeals.

The team at Valet Migration has extensive knowledge on the subject-matter with experience of handling multiple cases. Because we understand how crucial it is for you and hence, we perform extensive research and spend the time needed to make your appeal strong.

We advise you to immediately get in touch with our team so that we can promptly help you make an appeal against your Australian visa refusal or visa cancellation.