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    Administrative Appeals Tribunal (AAT)

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    • Administrative Appeals Tribunal (AAT)

    If your visa has been refused or cancelled and you are in Australia, you have the right to appeal a decision made by the Department of Home Affairs at the AAT. If you are offshore and you have sponsorship from family or an employer in Australia, you will also have review rights.

    This is a great opportunity to have an independent third party look at your situation and supporting evidence to show why the decision made against you is incorrect. It is important to use this opportunity to your advantage to achieve an outcome in your favor.

    Meeting the deadline to appeal is compulsory. Getting the information used to refuse or cancel your visa from the Department of Home Affairs is key and making thorough, well supported submissions with well-prepared evidence will ensure the best chance of success.


     Visa Refusals

    Depending on the reason your visa was refused will determine if applying to the AAT will assist you in overturning the Refusal decision. The AAT can either affirm the Department of Home Affairs’ decision; overturn the decision or remit the application back to the Department to reconsider.

    Due to the long wait time for an AAT appeal to be listed and heard sometimes it is more beneficial to reapply for the visa if the reason for refusal can be overcome.

    The best option will depend on individual circumstances. If you have received a Visa Refusal, it is important to seek professional advice immediately due to strict deadlines. You will also be eligible for a Bridging Visa to remain in Australia if you are in Australia when you receive the decision.

    Make the most of this chance to appeal to the AAT to secure your future plans in Australia.


     Visa Cancellations

    There are many legislative powers that can be used to cancel a visa and some of these decisions can be appealed at the AAT. Usually a visa holder will receive a Notice of Intention to Consider Cancelling (NOICC) a visa or a Notice of Cancellation (NOC). Specific instructions will explain deadlines to respond to such a notice or to appeal to the AAT.

    If you have received a NOICC you are given 28 days to provide evidence that your visa should not be cancelled. You can request more time if needed but must do so before the 28 days passes. Evidence should be strong, varies and clearly illustrate the surrounding circumstances. Often a NOICC can result in a visa not being cancelled where strong evidence and submissions are provided to the case officer making the decision.

    If you receive a NOC this means your visa has already been cancelled. You may be given the opportunity to apply for this decision to be revoked (or reversed). In some cases you will have the opportunity to seek an appeal at the AAT. It is important to take advantage of this opportunity if you have strong grounds for remaining in Australia or if a mistake was made when your visa was cancelled.
    After you have had a visa cancelled in Australia there are limited options of other visas you can apply for without first leaving the country. If your visa was cancelled due to Character Issues it will be very difficult to be granted another visa. You may have an option to seek Ministerial Intervention where all other avenues have been pursued.