AAT Applications
If your application for a visa has been refused or your visa has been cancelled, you can seek review of that decision in the Administrative Appeals Tribunal (AAT). No matter why your visa application has been refused or your visa has been cancelled, we can help. We can prepare your AAT application, all the documents needed in support of the application and represent you at the hearing. We provide some general information about AAT applications below.
The AAT application process
What is an AAT application?
The Administrative Appeals Tribunal (AAT) on receipt of an application can review decisions made by various Federal Government Departments and agencies. This page is about applications made to the AAT for review of decisions made by delegates of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse visa applications or cancel visas.
The AAT is engaged in merits review which is not, strictly speaking, the same as an appeal. The great advantage of merits review is that you can build your case again from scratch if needs be, you are not restricted by the evidence that you can adduce as you would be in an appeal. The AAT will then look at all of the evidence and consider your submissions before making what it considers to be the correct or preferable decision on all of the material.
While it is often useful to read the decision made by the delegate closely to identify possible weaknesses in your application, a common mistake made is to spend time in your submissions criticising errors you think the delegate made. This is unnecessary, the AAT has to consider your application afresh, it doesn’t matter whether the delegate made errors or not.
It is important to take full advantage of the AAT process. If you fail at the AAT, your only option is to seek judicial review (which is similar to an appeal and much stricter than merits review) in the Federal Circuit Court or Federal Court. Even if you win in Court, all that will happen is that you get sent back to the AAT for the AAT to make the decision again. It is always best to get it right the first time and competent legal representation is invariably beneficial in that regard.
If you or someone you know is thinking about making an AAT application or has made an AAT application and needs some advice, get in touch for a consultation at 08 6558 1838, schedule a call or request an appointment.
What are the steps in the AAT process?
The first step in the AAT process is making and lodging an application for review. Strict time limits apply, and in immigration matters, there is no discretion to extend the time in which a person can make an application. If you miss the time limit, you lose the ability to seek review of the adverse decision made against you.
The second step in the AAT process is to lodge your evidence and submissions. The AAT will give directions setting time limits for this to be done. While there is some flexibility in these time limits and they can be extended, it is important that you comply with them. The AAT can dismiss your application if you fail to comply with its directions.
If your application is in the jurisdiction of the migration and refugee division, the AAT will (or should) receive the Departmental file containing all the documents you have previously provided to the Department of Immigration, Citizenship, Migrant Services and Multicultural Affairs (Department) and any other documents the Department has about you relevant to your application. The Department will not otherwise take part in the application (at least usually, technically it can take part by providing a submission but this rarely occurs).
If your application is in the general division, the Department will be represented by a lawyer. All the same documents will be provided to the AAT as in the migration and refugee division, but the Department’s lawyer will usually summons additional documents from various bodies (Department of Justice, Courts, Police Commissioner). The Department will take part in every aspect of the process.
The final step is that the AAT will hold a hearing of your application. The AAT can dispense with the need for a hearing if it is satisfied based on the evidence and your submissions that it should decide in your favour.
At the hearing, the AAT member will ask you questions about your application, give you a chance to comment on any adverse information and make sure you have had your say on the real issues arising from the evidence. If your hearing is in the general division, the Minister’s lawyer will also ask you questions.
You will have the chance to call witnesses in support of your application. The AAT can restrict the number of witnesses it hears from but cannot unreasonably do so. It is important that you provide written statements from your witnesses beforehand so that the significance of their evidence is clear.
After all the witnesses have given evidence, you can make oral submissions about why the AAT should decide the application in your favour. At the end of the hearing, the AAT member will either make a decision or adjourn to give themselves some time to think about the application and write reasons for their decision.
If you or someone you know is thinking about making an AAT application or has made an AAT application and needs some advice, get in touch for a consultation at 08 6558 1838, schedule a call or request an appointment.
What happens once the AAT makes its decision?
The AAT must make a decision on your application within a reasonable amount of time, its decision must be in writing and its decision must set out all its findings on the material facts and refer to the evidence on which these findings are made.
If the AAT has decided in your favour, the application will then go back to the Department. Often in the case of refused visa applications, there are several other steps which the Department has to go through before your visa is granted. If your visa was cancelled, then normally you will receive your visa back.
If the AAT has decided against you, then you can challenge its decision by seeking judicial review in the Federal Circuit Court or the Federal Court. You should get legal advice about this, it is a highly technical area of law and there are costs consequences if you lose. The Courts can also only look at whether the AAT made a jurisdictional error (which is an error of law affecting the outcome of the decision), the Courts cannot usually receive new evidence and cannot consider whether the decision made by the AAT was right or wrong. We have significant expertise in this area, if you have lost at the AAT contact us if you want to discuss your options.
If you or someone you know is thinking about making an AAT application or has made an AAT application and needs some advice, get in touch for a consultation at 08 6558 1838, schedule a call or request an appointment.