"Vision Consultants"
AAT Agent in Melbourne - Expert Assistance for AAT & MRT Reviews !
Administrative Appeal Tribunal (AAT) - Seeking Expert Guidance
The Australian government grants civil rights to applicants whose visa applications are refused or canceled, allowing them to seek a review on a merit basis. This merit review is facilitated by the Administrative Appeal Tribunal (AAT), an independent tribunal responsible for reviewing migration decisions, protection refusal decisions, and character-related refusal decisions. AAT takes a transparent approach to assess review applications.
The AAT maintains an open and transparent approach in reaching decisions on review applications.
It’s important to note that prior to July 1, 2015, decisions made by the Merits Review Tribunal (MRT) included judgments from both the Migration Review Tribunal and the Refugee Review Tribunal. These two tribunals have since merged into the AAT, which now exclusively serves as a merit review tribunal for immigration-related matters. For more information, please refer to www.border.gov.au.
Jurisdiction of AAT - Areas of Influence for Administrative Appeal Tribunal:
In addition to the primary tasks mentioned in the above paragraphs, the Administrative Appeal Tribunal (AAT) holds the authority to conduct reviews on various departmental decisions, including:
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- Registering or refusing to register an individual or a migration agent.
- Deregistering or refusing to deregister an individual or a migration agent.
- Cancelling or suspending a person’s registration as a migration agent.
- Access to information decisions made under the Freedom of Information Act 1982.
Timeframe for Filing an Appeal - AAT Appeal Application Deadlines
The timeframe for filing an appeal can vary on a case-by-case basis, depending on the type of decision and the date of notification. Typically, an appeal or review application should be lodged with the AAT within 21 days of the decision being made. Failure to adhere to this timeline may result in the applicant losing the opportunity for review. Whether your visa application was refused or canceled, it is crucial to consult our experienced AAT Agents for guidance on making an effective appeal. They can provide expert assistance to ensure that your appeal is submitted within the appropriate timeframe and increases your chances of a successful outcome.
AAT Hearings - What to Expect at Administrative Appeal Tribunal Hearings:
AAT welcomes applicants to personally present themselves before the tribunal to provide arguments and evidence supporting their filed appeal. During these hearings at AAT, applicants can present additional relevant documents to support their case, engaging in face-to-face discussions with AAT Members who carefully consider all facts and figures before making a decision. The AAT Member may cross-check evidence and verbal statements to ensure a justifiable decision. It’s important to note that the AAT’s decision may be reached over multiple hearings. Therefore, applicants should be well-prepared, anticipating all possible questions that may be asked by the AAT Member. The final decision is solely based on the merits and the evidence provided. Our experienced AAT Agents at Vision Consultancy have assisted in making the appeal process effortless and effective for our clients.
AAT Decisions - Outcomes and Verdicts by Administrative Appeal Tribunal:
The decisions made by AAT hold significant weight and are regarded as a viable and effective alternative to the original decision made by the Department of Home Affairs. AAT conducts a thorough review, considering the merits of the case and assessing the factual evidence before making a new decision. This decision is legally supported and can be presented in other tribunals and courts. In the event of an unfavorable outcome from the AAT decision, an applicant has the option to file an appeal with the court. However, for this appeal to be successful, it must be based on legal errors identified in the previous decision. Our AAT Agents in Melbourne can provide a valuable opportunity to have a negative decision reviewed and, if possible, overturned. They can offer expert guidance and representation to ensure a strong case is presented, increasing the chances of a favorable outcome.
TERM "REMIT" AND "AFFIRM":
There are two possible outcomes from the AAT review. The AAT can either ‘AFFIRM’ the decision made by DIBP, which means reconfirming the visa cancellation or refusal. In this case, the applicant may choose to file further appeals with other courts, such as the ‘Federal Court’ or ‘Ministerial Intervention,’ if they believe there was a legal error in the AAT decision or if AAT did not consider all available evidence. On the other hand, the AAT can ‘REMIT’ the decision back to DIBP for reconsideration. In this scenario, AAT reverts back to the decision of DIBP, and DIBP may grant the visa to the applicant upon fulfilling any remaining requirements, such as insurance or character certificates. Appealing to the AAT involves complex procedures, and it is crucial to seek legal immigration advice from experts like AAT Agents in Melbourne if you are considering the appeal option. They can help assess your case, gather sufficient evidence, and present strong arguments to increase your chances of a successful appeal.
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