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Appeal

If you have had a visa application refused or cancelled, you may be able to appeal this decision to the AAT (Administrative Appeals Tribunal). It is applicable only to on shore visa applications.

AAT / MRT/ RRT

The Administrative Appeals Tribunal (AAT) is the merits review body for most administrative decisions by the Federal Government. In 2015, the operations of the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) were absorbed into the Migration Division of the AAT.
In the Migration Division, the AAT operates as a non-adversarial tribunal to review decisions by the Department of Immigration. Decisions are made by a tribunal Member who will review the Department of Immigration’s decision and all evidence presented. You may have a migration agent with you and you can call witnesses.

Appeal to the AAT within 21 days from refusal or cancellation. However, there are other factors to consider as a way the DIBP communicated the decision to you.
Any relevant facts can be taken into consideration – and you can present new evidence to the Tribunal until Tribunal decision is made.

It is possible to appeal after a negative AAT decision to the Federal Court or lodge Ministerial Intervention.

When you appeal to the AAT, you have the right to a hearing. Hearings are generally conducted face-to-face with the AAT Member who will make a decision on your appeal.

The AAT can decide to either remit or affirm the decision. In case the decision is remit, it will be sent back to DIBP for further processing and a new decision will be given.
If decision is affirmed, it means Tribunal agreed with DIBP decision and next step is Federal Court or Ministerial intervention.

 

 

You could apply for Ministerial Intervention after merits review if you think that there are compelling grounds for grant of a visa, even though you do not meet the usual visa requirements. The Minister can make any decision and for example grant you a short stay tourist visa , just to allow you to lodge a new application.

 

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