Applying for review of a cancelled visa or refused visa application

If your visa or citizenship application has been refused, or your visa cancelled by the Department of Home Affairs (the Department) it can be very disheartening. However, there are usually options available to have your situation re-considered or rectified.

 Administrative Appeals Tribunal (AAT).

The AAT are responsible for reviewing the merit in the Department’s decision to refuse a visa, cancel a visa or refuse a citizenship application. The AAT are independent from the Department and will be able to look at the facts in a case, and the relevant law and policy which was used by the Case Officer in the Department when making their decision, with a fresh perspective.

 There are two divisions of the AAT which include:

•  AAT Migration and Refugee Division 
• This section deals with visa refusals, some visa cancellations and sponsorship and nomination refusals or cancellations. This division will deal directly with the review applicant.
• AAT General Division

This section deals directly with Citizenship application refusals and some visa cancellations or visa refusals (for some character related decisions). Unlike the Migration Division, the AAT will hear from both the review applicant and the Minister for Home Affairs.

There are strict time limits in making a review to the AAT, so it is important that you obtain correct advice and guidance as soon as possible when a decision has been made by the Department.

The AAT do not have the power to issue or grant visas or citizenship applications. When the AAT make their decision, they will either affirm the decision (agree with the Department to refuse or cancel the visa) or remit the visa back to the Department for further consideration. Decisions by the AAT can be made ‘on the papers’, at the hearing or after the hearing.

Our lawyers pride themselves in presenting strong, written legal submissions to the AAT and can also represent you at the AAT hearing.

You want to ensure you trust your representation and the advice provided to you as it may affect your stay in Australia.

We offer fixed price services in most immigration matters and aim to have a fast 48 hour turnaround for our clients. 

Contact us through our enquiry form or Phone 02 9262 3553.