If your application for a visa or permission to stay in Australia is refused, you may apply for a review by the AAT (Administrative Appeals Tribunal). Similarly, if your visa to remain in Australia is cancelled, you may appeal the decision to the AAT.
There are strict time limits that must be followed. You should carefully check the decision letter to determine the time limit for lodging a review application. Generally, you must apply for a review within 28 days of being notified of the decision by the Department of Home Affairs. If an appeal is not lodged within this time frame, you will not be able to apply for a review. However, this time limit can vary depending on the individual case — in some situations, it may be longer or shorter.
The AAT has the power to affirm or set aside a decision:
If the AAT affirms the decision, it means they agree with the Department of Home Affairs’ decision to cancel or refuse your visa.
If the AAT sets aside the decision, it means they disagree with the refusal or cancellation. In such cases, the AAT will return your case to the Department of Home Affairs for reconsideration with directions or recommendations.
The review application process can be quite complex. Therefore, it is highly recommended that you seek advice from a registered migration agent or lawyer for legal assistance and more information if you are considering an appeal. In this situation, your lawyer or migration agent will act as your representative — meaning they will communicate with the AAT on your behalf and receive all correspondence and documents related to your case.
You should carefully read the visa refusal or cancellation letter to understand the reasons for the decision and which specific requirements you did not meet.
