For everyone, the decision to be refused a visa is undoubtedly frustrating and full of pain. However, it is vital that you are aware that in Australia, as a country, we have an organisation specifically designed to challenge such decisions - the Administrative Appeals Tribunal (AAT).Administrative Appeals Tribunal("AAT"), which gives hope to those wishing to appeal through an independent and rigorous case review process.
Before you embark on the process of appealing a visa refusal, we have compiled an exhaustive list of the various types of decisions that can be heard by the Australian Court of Appeal and the costs involved. Having this key information at your fingertips will help you make a more informed decision on how to proceed with your visa appeal and ultimately achieve your visa goals.
AAT Decision Review Type
While the AAT is able to re-examine some visa decisions, not all are within its jurisdiction. Specifically, there are three main categories of visa-related decisions that the AAT can review:
1. Migration decisions
Under the Immigration Act 1958, the AAT has the power to review the following types of decisions:
- Denial or cancellation of all types of visas
- Refusal of nomination for a profession, activity or position
- Prohibition, denial or revocation of approval of sponsors
- Matters involving requests for security
However, please note that the AAT cannot review the following types of decisions:
- Decision to cancel a visa taken personally by the Minister of the Interior or the Minister of Immigration
- A decision on whether you are eligible to apply for a review. You will be clearly informed of your right to apply for a review in the decision letter.
AAT fees:
- An application fee of A$3,374 is payable by the deadline for submitting your application.
- There is no filing fee if you appeal a transition visa decision that resulted in another person being placed in immigration detention.
- If the AAT determines that paying the fee would place a serious financial burden on you, you may have the opportunity to receive a fee waiver of up to $50%.
Refunds:
If your application is found to be invalid, AAT will refund the full amount of the application fee you paid.
If you qualify for a fee waiver, AAT will refund your 50% application fee.
If the review is in your favour, AAT will refund you 50% of the reduced fee, or 50% of the full fee you have paid.
2. Refugee decisions
Under the Immigration Act 1958, the AAT has the power to review the following types of decisions:
- Decisions to refuse or cancel protection visas
- However, please note that the AAT cannot review the following types of decisions:
- Decision to cancel a visa taken personally by the Minister of the Interior or the Minister of Immigration
- Decisions to refuse a protection visa that are reviewable by the Immigration Assessment Service (IAS)
AAT fees:
- You do not have to pay the application fee at the review stage of the application.
- However, if the review is unsuccessful, you will still be liable for a fee of A$2,076.
3. Character-related and other visa decisions
Under the Immigration Act 1958, the AAT has the power to review the following types of decisions:
- Denial or cancellation of any type of visa, including protection visas, for reasons of character, pursuant to article 501.
- Compulsory cancellation of your visa other than on the grounds of character under section 501CA.
- Refusal of a protection visa on grounds of character under section 5H(2), 36(1C) or 36(2C)
- Cancellation of business visas under article 134
However, please note that the AAT cannot review the following types of decisions:
Decision of Minister in person under section 501 or 501CA
Review of mandatory visa cancellation under section 501(3A) of the Migration Act
AAT fees:
An application fee of A$1,082 is payable when you submit your application.
In certain circumstances, you have the opportunity to reduce the fee by A$100:
- If you have a Medicare card, Pensioner's Concessionary Card, Medicare for the Elderly card or other card that proves entitlement to Medicare benefits
- If you are in prison, immigration detention or otherwise detained in a public institution
- If you are under 18
- If you are in receipt of the Youth Allowance, Austudy or ABU
- If you are under 18
- If you are in receipt of Youth Allowance, Austudy or ABSTUDY Centrelink
- If you must pay the application fee, you will be considered in financial hardship.
Refunds:
- If you do not pay the application fee, AAT will refund it in full.
- If AAT decides you can pay a lower fee, AAT will refund the difference between the fee you paid and A$100.
- If the review is in your favour, AAT will refund the difference between the fee you paid and A$100.
About how AAT fees are paid
To pay your AAT fees, you can pay in cash or by electronic transfer (including EFTPOS); you can also pay by credit card (e.g. MasterCard and Visa) or by cheque or money order.
However, it is worth noting that the fees may be adjusted, so please check the official website of the Australian Immigration Department for the latest news, or consult with a registered migration agent or migration lawyer for the latest information.
If you intend to appeal a refusal decision, you are strongly advised to seek professional advice as the appeal process can be quite onerous and the outcome of the appeal will have a direct impact on your immigration status in Australia.
There are also strict time limits for filing a visa appeal. These deadlines can be very tight, especially when personal integrity is at stake. Therefore, we strongly recommend that you take immediate and decisive steps to seek professional help as soon as possible to ensure that you are able to file your appeal within the required deadlines. Unfortunately, delays in such matters may result in the loss of your right to challenge an unfavourable decision and may even require you to leave Australia.
We are inImmigrationA wealth of practical experience and in-depth theoretical knowledge in the field enables us to provide you with the highest quality advice and representation. We understand the complexities and challenges of the visa appeal process and are committed to using our expertise to help you through this complex and arduous journey. Whether you are looking to overturn a refusal decision, clarify your visa status or explore other viable visa options, our dedicated team will be fully committed to providing a robust defence of your immigration needs, attending your AAT hearing and assisting you in every way possible to achieve your desired outcome.
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