If your visa application has been refused or if your visa has been cancelled you may be able to appeal this decision to the Administrative Appeals Tribunal (AAT).

Act quickly, as you only have a limited time to make an appeal - usually only 21 days. Call us to make an appointment on (08) 8210 9800 or contact us now. 

 

Migration Solutions has a very dedicated team of people who provide reviews & appeal services:

We specialise in areas such as:

  • Appeals
  • Visa cancellations
  • Reviewing decisions for jurisdictional error
  • Assisting with an application for Ministerial Intervention

There are a number of options available to a visa applicant if their application is refused: 

  • Lodge an application to the Administrative Appeals Tribunal (AAT)
  • If the application is unsuccessful at the AAT, that decision can be challenged at the Federal Court
  • Or go directly to the Minister of Immigration requesting Ministerial Intervention

Administrative Appeals Tribunal (AAT)

The AAT conducts independent merits review of administrative decisions made under Commonwealth laws.

Decisions are made by a tribunal Member who will review the Department of Immigration's decision and the facts of your situation.

The Administrative Appeals tribunal (AAT) reviews a decision “on the merits”. This means that we take a fresh look at the facts, law and policy relating to the decision and arrive at our own decision. The AAT must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.

Helpful Links

Administrative Appeals Tribunal
Migration Review Tribunal - Refugee Review Tribunal
Federal Court of Australia
Federal Circuit Court of Australia
Hight Court of Australia

Ministerial Intervention

Once you have lodged a request for Ministerial intervention, the Minister of Immigration will determine whether or not they believe the visa should be granted to the visa applicant regardless of whether they meet the visa requirements or not.

The request usually needs to be an extremely compelling case for the Minister to intervene.

 

Frequently Asked Questions (F.A.Qs)

How can I apply for an appeal?

You can engage Migration Solutions to guide and support your appeal OR apply for an appeal yourself. Find out more

To apply on your own, visit the Administration Appeal Tribunal (AAT) website. If you’d like our help, contact us for a consultation by phone on +61 8 8210 9800 or email.

Why would I appeal?

If you have received notification from the Department of Home Affairs (Department) that your visa is cancelled or refused, Find out more

the notification will state your rights to appeal and the time limit which applies. Depending on the type of visa matter, the timeframe to appeal may be as little as seven days.

What assistance does Migration Solutions provide?

Lodging your appeal requires some investigation to identify the reasons why your application was rejected, as well as detailed information to present your case. Find out more

Migration Solutions will guide and support you through the appeal process. We will work with you to prepare your application and appeal the decision by:

  • Making your lodgement, filling in the details and paying the amount required within the timeframe the Department has given you
  • Requesting a copy of your Immigration file
  • Thoroughly reviewing the decision records from the Department, and working with you to prepare your application to appeal the decision
  • Identifying issues to address in your submission
  • Preparing your submission to the AAT, addressing the issues and presenting your case for a new assessment of your visa application
  • Lodgement of your submission
  • Hearing preparation, including providing you with coaching for your hearing
  • Hearing attendance
  • Notification of result

How long will it take?

The appeal process and decision can take up to two years (sometimes even longer), depending on the type of visa (as some have priority over others), Find out more

the matter and if it is a refusal or cancellation. We can access the standard processing times on the AAT website and will be able to advise you during your consultation.

How much will it cost?

The application fees charged by the AAT can be found by clicking here. Should you wish to engage Migration Solutions, we will Find out more

assess your situation at your first consultation and then provide a quotation estimate of our fees.

What happens after lodgement?

After lodgement, the AAT will send you a letter to explain the next steps and notify the Department. You can learn more about this on their website. Find out more

If you have engaged Migration Solutions, we will send you a list of the documents you need to prepare and then work with you to prepare your case.

Is there always a Hearing?

Sometimes, the AAT makes a decision without a Hearing. Find out more

Other times, they request a Hearing. It is up to them and their assessment of your application.

What happens in a Hearing?

A hearing is a little like an interview, not like a big courtroom. One Tribunal member will be there. They will generally have a legal background. Find out more

They will explain their role and why your initial application was refused. You will need to be prepared to answer their questions. You can have supporting witnesses that provide verbal evidence as well as an employer for any employer-related matters.

When will the AAT decision be made?

The Tribunal member can do three things: Find out more

  1. Affirm the original decision – support the original decision by the Department 
  2. Remit the decision – make a positive recommendation back to the Department for a final assessment Or set aside – overturn the decision. You (or your representative) are notified, in writing, of the outcome. This is sometimes done on the day of your hearing, but there is no standard timeframe

What happens if my appeal is not successful?

We would highly recommend putting every effort into making your appeal a success. Find out more

There are, however, pathways to follow should your appeal not be successful. You can escalate your matter to the Federal Circuit Court and then for Ministerial intervention.

For further information, visit the Administrative Appeals Tribunal website or book a consultation with us. Remember, you only have limited time to appeal, so don’t delay.

 

Key people for Reviews & Appeals

Mark_2Mark Glazbrook

CEO / Principal Migration Agent
Registered Migration Agent Number: 0100185

Mark Glazbrook is the Managing Director of Migration Solutions and has been involved in the migration profession for over 17 years.

Call Mark on 8210 9800 or email him

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Vanessa De Pretis

Senior Migration Agent
Registered Migration Agent Number: 1388116

Vanessa is a registered migration agent and project coordinator at Migration Solutions. She specialises in family visas and migration appeal process.

Call Vanessa on 8210 9800 or email her

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Nam Hoang

Practice Manager / Executive Migration Agent
Registered Migration Agent Number: 0641294

Nam is the business operations manager and a senior migration consultant at Migration Solutions, responsible for the day-to-day business operations of work undertaken.

Call Nam on 8210 9800 or email him

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