When the Department of Home Affairs rejects your visa, it comes as a shock and is a very stressful movement.
Almost all onshore rejections have appeal rights. This means you can apply to the Administrative Appeals Tribunal (AAT) to review Immigration’s decision.
1. AAT TIME LIMITS
It is very important to know about 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 and it’s not possible to extend it.
2. THE AAT REVIEW PROCESS
By lodging an appeal, you are asking the AAT to consider that Department has made an incorrect decision. Without getting too technical, a Case Officer may have made a procedural error or an error of legislation. You need to provide the AAT with detailed evidence of why you believe this to be the case.
3. THE IMPACT ON YOUR EXISTING VISA
By lodging an appeal application 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 AND NEW EVIDENCE 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 and new evidence 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 half 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. HOW EXCLUSIVE MIGRATION SERVICES CAN HELP YOU
Exclusive Migration Services has successfully managed many AAT appeals. We put together a detailed submission for you by analysing current Case Law, interpreting the Migration Legislation 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.
