When the Department of Immigration refuses your visa, it comes as a shock and is a very stressful time.
Almost all onshore visa refusals have appeal rights. This means you can apply to the Administrative Appeals Tribunal (AAT) to review Immigration’s decision.
1. AAT TIME LIMITS
There are very strict time limits in which you must lodge at your appeal. Your refusal letter will state the review period. It is usually 21 days. There is no flexibility to lodge an AAT appeal after the review date.
2. THE AAT REVIEW PROCESS
By lodging an appeal, you are asking the AAT to consider that Immigration has made an incorrect decision. Without getting too technical, a Case Officer may have made a procedural error or an error of law. You need to provide the AAT with detailed evidence of why you believe this to be the case.
3. THE IMPACT ON YOUR CURRENT VISA
By lodging an appeal with the AAT, the decision on your visa has not been finally determined. This means that if you are on a bridging visa, even though this visa has been refused, you remain on your bridging visa (with the same rights) until the AAT makes its decision.
4. PROVIDING FURTHER INFORMATION TO THE AAT
You can attach supporting evidence to your lodged AAT appeal whilst it is in the processing queue. The AAT will consider this information when it reviews your case.
5. THE AAT REVIEW – THREE POSSIBLE OUTCOMES
Once the AAT reviews your application, they will do one of three things:
1. Uphold: The AAT agrees with the Immigration Case Officer and your visa is refused.
2. Remit: The AAT sends your case file back to Immigration to look at it again. In almost all cases, Immigration will reverse the decision and grant the visa. You will be refunded 50% of the AAT fee.
3. Overturn: The AAT overturns Immigration’s decision and grants the visa. You will be refunded 50% of the AAT fee.
6. TRUE BLUE MIGRATION’S MANAGEMENT OF AAT APPEALS
True Blue Migration has successfully managed many AAT appeals. We put together a detailed submission for you by analysing current Case Law, interpreting the Migration Act and Regulations and reviewing the Case Officer Policy Advisory Manual. We also look at other ways your case can be strengthened, such as statements from community, social, political or religious organisations.
ASSESSMENT OF APPEAL RIGHTS
We can determine your eligibility to appeal your visa refusal. Please complete our online assessment form and we will provide information on the steps, fees and process.
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