If your visa has been refused or cancelled, as registered migrant agents, we may be able to assist you to appeal against the Department’s decision at the Tribunal and give you a successful outcome. We will work with competence, professionalism, and ethics to present your appeal case in the best possible way to maximise your chances of success.
Please read the information below for further details of the process of appeal.
Once you make a valid visa application with the Department your visa will be either granted or refused.
If you already hold a visa and if you are found to be in breach of your visa condition or are no longer eligible to hold the visa, then the Department may cancel your visa.
In certain cases, you may appeal to the Administrative Appeals Tribunal (AAT) if the Department of Home Affairs refuses or cancels your visa.
If you are in Australia, appeals have strict time limits. You must apply in writing within the time specified by the Department in their decision notice.
If the AAT affirms the decision of the Department, you may seek judicial review if you or your migration lawyer believes the decision was not lawfully made.
About the Administrative Appeals Tribunal (AAT)
The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under the Commonwealth laws. They review decisions made by Australian Government ministers, Departments, and agencies and, in limited circumstances, decisions made by state government and non-government bodies.
The AAT was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976.
The Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were amalgamated with the AAT on 1 July 2015.
The AAT falls within the portfolio of the Attorney-General.
The AAT is a statutory body with the power to review decisions made under the Migration Act 1958 by the Minister, or by officers who are delegates of the Minister in the Department of Home Affairs.
In conducting a review of a decision about a visa, they will consider the case afresh and have the power to change the decision under review.
The rules about who may seek review of a particular decision, the applicable time limit, and whether a fee is payable vary depending on the type of decision and whether a person is in immigration detention.
Who can apply for review?
The decision letter sent by the department should explain whether the decision can be reviewed by AAT and who can apply for review.
AAT can only accept an application for review made by a person who has the right to apply for review. In some cases, the only person who can apply for review is the visa applicant or former visa holder. In other cases, it can only be the sponsor or a close relative. In some cases, the review applicant must be within Australia at the time of decision or at the time the application for review is lodged, or both.
Time limits for making your application for review
The decision letter sent by the department should state the time limit that applies to making an application to AAT.
If you are intending to apply for review, you should note that AAT cannot extend time limits or accept applications made outside a time limit.
How do I apply for review?
To apply for review, you must complete and lodge an ‘Application for Review’ form and pay the application fee (or 50% of the application fee together with an application for fee reduction) within the time limit.
Applications can be lodged online or by completing a form and lodging it by email, post, fax or in person. Applicants in immigration detention must use form M2 – ‘Application for review – Migration (For persons in immigration detention)’. All other applicants must use form M1 – ‘Application for review – Migration (for persons not in immigration detention and organisations)’.