If a visa application has been refused, or a visa has been cancelled, the applicant or a person associated with the applicant may be entitled to apply for a review.
However, it is important to note that under the migration regulations not all applicants may be entitled to a review. Furthermore, the timeframes to apply for a review are very strict. It is essential that, if a situation arises where you wish to consider a review, you must seek legal advice as soon as possible.
The Administrative Appeals Tribunal (AAT) is one of several bodies with the responsibility for reviewing visa decisions made by the Department of Home Affairs (DOHA). Unless it is a matter regarding protection visas, which are dealt with by the Migration and Refugee Division (MRD).
If you apply for review of your visa, the AAT will consider the merits of your case and will make its own decision, disregarding the earlier decision. As a result, the Tribunal may require further information to be provided and, in most cases, will conduct a hearing in order to obtain verbal evidence from the review applicant and supporting witnesses.
Once all the material has been considered, the AAT may decide to confirm the original decision or to overturn it, which usually means sending it back to DOHA for further processing.
If you would like us to assist you in lodging an AAT appeal and represent you at your hearing, please contact us immediately as time is usually very limited in such cases! Contact details are as follows: