In the circumstance that you have had your visa application for Australian immigration refused or visa cancelled.
The visa applicant or the sponsor may be eligible to be able to appeal this Department of Home Affairs (DHA) decision to the Administrative Appeals Tribunal (AAT).
Strict Time Limits apply to lodge an appeal to AAT
In general, the visa refusal or cancellation notification will indicate whether a decision is reviewable or not and the number of days within which you must lodge a valid review application the AAT (which is typically within 21 days).
However, this timeframe can vary depending on the decision type and also the method of communication used by the Department, by which you were notified of the decision.
It is important to note that if your appeal is not lodged within this given timeframe, you would lose your right to lodge a review to the AAT.
Merits Review of a Decision by the AAT
The Administrative Appeals Tribunal (AAT) has the authority to reconsider the case and take a new decision based on the facts of the case.
During the review process you also have the opportunity to provide any new evidences for the Tribunal Member to consider before inviting you for a hearing.
The hearing is a critical part of the appeal process and can have a major impact on the success or failure of your appeal.
This needs to be carefully planned and thorough preparation needs to be done for the hearing with particular attention given to any significant facts or evidences along with any anticipated questions that may be raised by the Member at the hearing.
The AAT has the power to hand down a decision based on the evidences submitted, or by setting a hearing date to receive submissions from the visa applicant in person.
