On July 1, 2015, the original immigration review tribunal and the Refugee Review Tribunal were merged into the AAT (Administrative Appeals Tribunal) to become a branch of its subsidiary.
Most of the overseas applications submitted to students, business and tourist visas, if rejected, the applicant will have no right to appeal. The immigration officer will clearly indicate
whether the applicant or the guarantor has the right to appeal and the time limit for the appeal in the letter of refusal or cancellation of the visa decision.
1. AAT TIME LIMITS
There are very strict time limits in which you must lodge your appeal. Your refusal letter will state the review period. It is usually 21 days. There is no flexibility to lodge an AAT appeal after the review date.
2. THE AAT REVIEW PROCESS
By lodging an appeal, you are asking the AAT to consider that Immigration has made an incorrect decision. Without getting too technical, a Case Officer may have made a procedural error or an error of law. You need to provide the AAT with detailed evidence of why you believe this to be the case.
3. THE IMPACT ON YOUR CURRENT VISA
By lodging an appeal 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 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 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 50% 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.
The AAT process usually includes the following steps
1 . To submit a valid appeal application and payment of the appeal fee to the review tribunal within the prescribed time (if the appeal is successful, the review of the arbitration tribunal will refund the fee; if the appeal fails, the fee will not be refunded).
2 . When you submit a valid application, AAT will send a confirmation letter to the applicant. At the same time, AAT will inform the Department of Immigration, the Department of
Immigration will be the applicant's application materials available to the AAT. In this way, the application will hold a valid bridge visa waiting in the territory.
3 . AAT assigns a file number to the applicant.