Facing a visa refusal or cancellation in Australia can be overwhelming. However, if you've received a negative decision from the Department of Home Affairs, you may not be at the end of the road. Thanks to the Administrative Appeals Tribunal (AAT) Review, you could have a second chance to present your case and have the decision reconsidered.
This article explains what the AAT is, how the review process works, who can apply, key timeframes, and frequently asked questions. If you're dealing with immigration issues, understanding the AAT review process is essential.
What is the Administrative Appeals Tribunal (AAT)?
The Administrative Appeals Tribunal (AAT) is an independent body that reviews decisions made by Australian government departments, including immigration and visa-related matters. The AAT has the authority to assess whether the Department of Home Affairs made a lawful and fair decision regarding your visa.
It doesn’t issue visas, but it can affirm, vary, set aside, or remit a decision for reconsideration.
When Can You Apply for an AAT Review?
You can request an AAT review if your visa application has been:
Refused by the Department of Home Affairs
Cancelled while you were in Australia
However, not all visa types or situations are eligible for review. For example:
Offshore visa refusals usually do not qualify unless there's a special sponsorship.
If the refusal was based on national security or character grounds, you may need to appeal to a different authority.
Types of Decisions Reviewed by AAT (Migration Refugee Division)
Student visa refusals or cancellations
Skilled visa refusals (e.g., 189, 190)
Partner visa refusals (e.g., 820, 309)
Visitor visa refusals
Bridging visa cancellations
Business visa refusals
Protection visa refusals
Time Limits for Lodging a Review
Timeframes are strict. You must apply within the time specified in your refusal or cancellation notice, which is usually:
21 days for most visa refusals
7 days for visa cancellations (Section 501 character grounds may differ)
Missed deadlines will generally not be accepted, so it’s critical to act quickly.
How to Apply for an AAT Review
Check your eligibility: Review your decision letter to confirm if your case qualifies for an AAT review.
Apply online or via post: Visit the official AAT website and lodge your application.
Pay the application fee: As of 2025, the standard fee is AUD $3,374, with a 50% refund if the appeal succeeds.
Prepare your case: Submit supporting documents, written submissions, and, if applicable, legal representation.
Attend a hearing: You may be called for an interview or hearing to present your side.
What Happens During the Review?
The AAT does not re-hear the case from scratch but rather looks at the available evidence to determine whether the decision was correct.
The tribunal may:
Request more information
Invite you to a hearing
Allow legal or migration agent representation
Call witnesses
Make an independent decision
Possible AAT Review Outcomes
Affirmed – The original decision is upheld.
Set aside – The original decision is overturned and a new decision is made.
Remitted – Sent back to the Department of Home Affairs to reconsider based on new information.
No jurisdiction – The AAT cannot review your case (e.g., you missed the deadline).
Benefits of AAT Review
Provides a second chance to explain your situation
A neutral and independent review of your case
Opportunity to present additional evidence
Some applicants receive bridging visas while awaiting review
Challenges of AAT Review
The process can be complex and time-consuming
Legal jargon and documentation may be difficult to understand without assistance
High costs involved
No guarantee of a successful outcome
Tips for a Strong AAT Appeal
Act quickly to meet your deadline
Hire a registered migration agent or immigration lawyer
Prepare all supporting documents, including letters, photos, and financials
Be honest and consistent with your information
Practice for your hearing, especially if you’ll need to speak about personal matters
Frequently Asked Questions (FAQs)
Q1: What is the AAT fee in 2025?
A: The standard application fee is AUD $3,374, with a 50% refund if the appeal is successful.
Q2: Can I stay in Australia during the AAT process?
A: Yes, if you're eligible for a bridging visa, you can stay legally until the review is finalised.
Q3: How long does the AAT take to decide?
A: Processing times vary depending on the case. Some reviews can take months to over a year, especially if complex.
Q4: Can I submit new documents during the AAT review?
A: Yes. You can submit additional evidence to support your case.
Q5: What if I lose the AAT appeal?
A: You may be able to appeal to the Federal Circuit and Family Court of Australia, but only on legal grounds (not merits).
Final Thoughts
The AAT migration Review offers an essential opportunity for people whose visas have been refused or cancelled to get a fair reassessment. Although the process can feel stressful and technical, many applicants have successfully overturned decisions by carefully preparing and seeking expert help.
If your visa was refused unfairly or due to incomplete information, don't give up hope. The AAT may be your pathway to a second chance in Australia.
