Navigating through immigration processes can be complex and overwhelming, particularly in scenarios involving visa refusals or cancellations. One option available to individuals who find themselves in these circumstances is to make an Administrative Appeals Tribunal (AAT) review application. This article presents a comprehensive guide on the process. We draw on the vast knowledge and experience of our immigration law team, headed by an Accredited Specialist in Immigration Law.
Steps involved in making an AAT Review Application
An AAT application can be initiated in the event of a visa refusal or cancellation. The first step is to check whether your decision is reviewable by the AAT. This information can be found in the letter you receive from the Department of Home Affairs. Once confirmed, you’ll need to lodge the review application, pay the application fee, and adhere to the timeframes specified.
Applying to the AAT: Criteria and Grounds for Review
The AAT can only review applications in circumstances where the law permits. The criteria are highly dependent on the regulation under which the original visa decision was made. However, common grounds include administrative errors, discrepancies in facts, or circumstances where it is perceived that the decision-maker erred in their application of the law or acted beyond their jurisdiction.
Filing an Application and Providing Evidence to the AAT
During the application process, applicants must provide a comprehensive account detailing the reasons they believe the original decision was flawed. It’s crucial to compile and submit any supporting evidence with your application promptly. If required, the AAT can be approached later to provide additional evidence. Remember, any documents used as evidence should be translated into English by a certified translator.
AAT Review Procedures and Timeline
Upon receiving your application, the AAT typically initiates a review process involving two stages. The first involves a case assessment by an AAT Member, followed by an in-person hearing if necessary. The timeline varies significantly depending on the complexity of the case; however, it could typically range from a few months to over a year. By continuously checking the AAT’s processing times, you can maintain an estimate of when your application may be completed.
Role of AAT Members
Each AAT case is assigned to an AAT Member, who independently reviews and decides the application on its merits without being influenced by the initial decision. Their role involves evaluating the evidence, considering the testimony, and applying the law to arrive at their decision. The impartiality of AAT Members is integral to maintaining the integrity of the process.
Outcomes and Implications
The AAT can either affirm, vary, set aside or remit the initial visa decision after review. If the application is successful, the AAT might change the decision or return it to the Department of Home Affairs for reconsideration. If unsuccessful, applicants can appeal to the Federal Court on a point of law or seek Ministerial intervention. It’s important to be cognizant of potential outcomes and tailor your future steps accordingly.
Our experienced immigration law team is adept at navigating the complexities of immigration law and can provide exceptional support during all stages of the AAT review process. We aim to offer the best possible legal routes for your unique situation, supplying practical solutions with proactive communication. We continually strive for outstanding results, undaunted by the most complicated immigration challenges. We invite you to reach out to explore how we can assist in your immigration journey.
You can contact us by email at cp@immispecialist.com
We provide Free Case Review.
All you need to do is to send us the original Department’s decision record. Upon receipt and review of the decision, we will contact you. Again, we confirm that the review is free of charge.
