You may have a second chance at a visa even if refused.
Has your visa application been refused? Has your visa been cancelled? You may have another opportunity to present your case and get your visa.
The Administrative Appeals Tribunal (AAT) (formerly MRT/RRT) is an independent review body that reviews decisions made by the Department of Home Affairs (DHA), especially visa refusal and cancellation decisions. If you have had a visa application refused and wish to have that decision reviewed (appealed), the AAT may offer an opportunity to have that negative decision reviewed and, potentially, reversed.
The AAT represents a “last chance” opportunity for visa applicants and holders of cancelled visas to have an independent review of their case based on the merits of the case. Further review after the AAT is available from the courts, however the courts cannot review the merits of the case; they can only determine if a mistake was made in the process of refusal or cancellation. And unlike the courts, at the AAT you can introduce new evidence to support your visa application or argue against cancellation – the AAT review is essentially a completely new review of your case, and offers an excellent opportunity to remedy any problems in your original application.
The most common reasons why visas are refused or cancelled
The Australian visa application process is very complex, and the rules and requirements for visas change often. Most visa problems are based on the applicant’s lack of knowledge about the Australian visa system, or a mistaken belief that the Australian visa system is flexible – it is not. In fact, most visa application refusals can be traced back to on one or more of the following common problems:
- incomplete or inaccurate applications
- lack of proper supporting documentation
- poorly prepared applications and documents which do not meet the legislative requirements for the visa being requested
- poor quality supporting materials that cause DHA to believe the visa applicant’s request is not sincere or genuine
- poor advice from unregistered or inexperienced immigration advisors
The AAT: A New Opportunity To Present Your Case
The AAT offers visa applicants a chance to address whatever problems caused the visa refusal, but applicants only get one chance for a AAT review, so it’s important to make sure that an AAT review is done correctly, with the best possible written submission and supporting materials.
Our AAT review service offers a comprehensive package of benefits designed to present your case in the best possible way to the MRT including:
- A thorough review of your case and the reason(s) for the refusal or cancellation
- Review of your existing supporting documents and suggestions for improvement where necessary
- Assistance with preparation of witness statements and other supporting documents
- Review of previous legal cases and precedents that may support your visa application
- Creation of a thorough written submission for your AAT review and all forms required by the AAT
- Lodgment with the AAT and handling all communications from the AAT regarding your case
Your visa status in Australia can also be affected by an AAT review – if you are currently on a bridging visa, your visa can be extended if your lodge for an AAT review within the required time limit after notification of your refusal or cancellation.
There are strict time limits imposed by the AAT which cannot be extended. Contact Northam Lawyers immediately if you wish to pursue an AAT review and we can advise you of your options, your time limits, and how we can create and lodge your case documents with the AAT for the best possible chance at success.