Who can apply for AAT review?

You may be able to apply for AAT review in the following situations:

• You are in Australia, applied for a visa and this application was refused by the Department
• You are in Australia and your visa was cancelled by the Department
• You are in Australia and your visa was cancelled and your application to have the cancellation revoked was refused by the Department
• You are sponsored or nominated by an employer or another person for a visa, and you lodged this visa application outside of Australia. Approval of the sponsorship or nomination must be a requirement for visa approval. Your sponsor or nominator may apply to the AAT for review of the decision to refuse your visa application. Individuals who may be able to apply for AAT review on this basis include applicants who are sponsored by their employer (457, 482 TSS, 186 or 187 visas), sponsor or partner (309/100 and 300 visas), family members (carer or remaining relative visas) etc. Note: For Resident Return visas and Visitor visas, only a parent, spouse, child, brother or sister of the visa applicant may apply for review if the visa applicant was outside of Australia at the time of visa application
• You are an employer that applied for Standard Business Sponsorship and this application was refused

The AAT cannot review a decision to cancel a visa if the cancellation occurred when the visa holder was outside of Australia.

If the visa applicant or holder is in Australia, then they are the person who should apply for review. If the visa applicant is overseas, then in most cases the Australian sponsor, nominator or family member makes the application for review.

The business sponsor or employer must apply for review in relation to a refusal of a Standard Business Sponsorship and/or nomination application.

How does the AAT process work?

The AAT will complete its own independent assessment of your application to determine if the relevant legal requirements are satisfied. The AAT will review:

• All evidence, documents forms and interview records held by the Department (you can obtain a copy of these records by completing a Freedom of Information request with the Department)
• Any submissions or evidence which you submit to the AAT for their consideration, and
• Any evidence provided at the hearing

The AAT also has independent power to conduct its own investigations. For example it may contact your employer, friends or family if you have provided evidence from, or about, them, or if the Tribunal Member believes that such information and documents are relevant in deciding your application.

If the AAT has any adverse information about you (i.e. information which may cause the review application to fail) then the Tribunal should notify you and ask you to comment on that adverse information held by the AAT. If you receive such a notification it is very important that you do respond to the request for comments within the time limit specified, otherwise your review application may fail.

Generally speaking, the following events will occur when you appeal to the AAT:

1. You will lodge your AAT application within the allowed time limit. You can lodge your AAT appeal online (you are allowed to lodge multiple appeals using the same AAT online account. You don’t need to create separate accounts if you need to lodge multiple appeals, such as appealing both business nomination and visa application refusals)
2. When you are completing the online appeal form, you will get to a web page that will ask you to upload relevant supporting documents. You should upload a copy of the Department’s PDF Refusal Decision Record, which would be attached to the email from the Department notifying you of your application refusal. Generally speaking, this is the only document that the AAT will need immediately after the lodgement of your appeal. If you do not upload this document now (or after lodgement of your appeal via your online AAT account), then the AAT will likely send you an email asking you to upload this document. After lodging your appeal, you can log back into your online AAT account and upload further relevant documents for your appeal
3. After you pay and lodge your online appeal, you should receive an auto-mated email from the Tribunal confirming that they have received your appeal. The AAT’s standard letters state that the validity of your appeal has not been assessed yet – extract from current standard AAT letter: Please note that the validity of your application has not yet been assessed. We can only review a decision if a valid application for review has been made. You will be advised if it appears that your application may not be valid. If you lodged a valid appeal, then the AAT will not send you any further correspondence to confirm that your appeal is valid. You can assume that your appeal is valid and in the queue if you do not receive any further correspondence from the AAT. The AAT will however send you further email correspondence if there are any issues or questions in relation to the validity of your appeal
4. Generally speaking, you will not receive any further correspondence or instructions from the AAT after lodging your valid appeal, while you wait the AAT’s processing time. The AAT will generally only contact you once the relevant Tribunal Member has been allocated to your appeal, and he or she has set a hearing date for your appeal. The AAT’s correspondence would also ask you to submit any further documents and information that you would like the Tribunal Member to consider in his or her assessment, and this correspondence may also provide a list of particular information and documents that the Tribunal Member requires (this would generally mean that the Tribunal Member has reviewed the information and documents from the Department’s files and your earlier application, and any further information and documents that you uploaded via your online AAT account)
5. The Tribunal Member may be able to make a favourable decision just based on considering the documents and evidence that the AAT has on file, without the need for a hearing. However, such decisions are rare and this will generally only occur if the appeal is straight forward, and you have provided information and documents which demonstrate that you satisfy the relevant legal requirements without the further need for hearing evidence. If a decision cannot be made based on considering only the documents and information held by the AAT, then you will be invited to provide comments or provide further information to the AAT – it is important that you do respond to this invitation which includes a form that you need to complete and send back to the AAT to confirm your attendance. If you are unable to attend the appointed hearing date, then you need to email and correspond with the AAT as soon as possible to request for a re-scheduling of the hearing. In your request email, you need to attach supporting evidence to demonstrate why you cannot attend the appointed hearing date. Your request for an extension is at the discretion of the Tribunal Member deciding your appeal, and he or she is allowed to reject your request
6. Your representing migration agent and/or solicitor can attend the hearing with you. However, generally speaking, your representative cannot speak on your behalf and answer the Tribunal Member’s hearing questions. You can speak with your migration agent and/or solicitor, and get advice and clarification from him or her during the hearing. You can request an interpreter if required
7. The Tribunal Member may ask you to provide additional information and documents after the hearing, if this is required before the Tribunal Member can decide if your application satisfies the relevant legal requirements. The Tribunal Member may also schedule further hearings if required
8. After your appeal hearing is finalised, the AAT will generally send you a written statement advising of the Tribunal Member’s decision