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AAT (Administrative Appeals Tribunal)

AAT (Administrative Appeals Tribunal)

The AAT can review some, but not all, decisions about visas made under the Migration Act 1958 by the Department of Home Affairs, the Minister for Home Affairs or the Minister for Immigration.

Migration:

This part of our website contains information about the review of visa and visa-related decisions except for:

  • decisions about protection (refugee) visas, and
  • character-related visa decisions.

These reviews are done in the Migration and Refugee Division of the AAT under Part 5 of the Migration Act.

Refugee:

This part of our website contains information about the review of decisions to refuse or cancel a protection visa except for character-related decisions about protection visas.

These reviews are done in the Migration and Refugee Division of the AAT under Part 7 of the Migration Act..

Character related visa decisions:

This part of our website contains information about character related visa decisions:

to refuse or cancel any type of visa, including protection visas on character test grounds under section 501
to not revoke the mandatory cancellation of your visa on character test grounds under section 501CA
to refuse a protection visa on character grounds under sections 5H(2), 36(1C), or 36(2C).
These reviews are done in the General Division of the AAT.

What AAT can review?

We can review certain decisions made under the Migration Act 1958:

  • to refuse or cancel different types of visas
  • to refuse to approve a nomination of an occupation, activity or position
  • to bar, refuse to approve or cancel the approval of a sponsor
  • relating to requiring a security.

The Migration Act and the Migration Regulations 1994 specify what decisions we can review, or you can check the List of reviewable decisions.

The decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review.

This part of our website contains information about the review of all visa and visa-related decisions except for:

  • decisions to refuse or cancel a protection (refugee) visa, and
  • character-related visa decisions.

What AAT cannot do?

  • review every decision to refuse or cancel a visa
  • review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration
  • review a decision if you are not entitled to apply for a review.

Time limits

Is there a time limit for applying?
Yes. There are very strict time limits. The time limit to lodge an application for review varies depending on the type of decision and whether you are in immigration detention.

You can check the Department of Home Affairs decision letter to find out what the time limit is.

How do we calculate the time period to lodge an application?
The first day of the time period for lodging an application is the day on which you are taken to have been notified of the decision. This means that the time period ends on the prescribed number of days after the day on which you are taken to have been notified the decision.

What can I do if the time limit has expired?
The AAT has no power to extend the time limit to lodge an application for review.

Fees:

Do I need to pay an application fee?

You must pay an application fee if you lodge an application for a review of most migration decisions.

There is no application fee if you lodge an application for review of a bridging visa decision that resulted in a person being placed in immigration detention.

How much do I have to pay?

The application fee is $1,826.

 

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