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Wondering how long it will take for the Administrative Appeals Tribunal (AAT) to make a decision before lodging your own appeal? This could be a stressful and labour-intensive process, but our lawyers and visa experts are here to help you deal with the legal challenges of your visa application. Allow us to understand your issues better by calling us for consultation.
The Tribunal is tasked to conduct independent and objective merit reviews of administrative decisions made under Commonwealth laws. It was established through the Administrative Appeals Tribunal Act 1975 and began operations on 1 July 1976.
Effective 1 July 2015, the Migration Review Tribunal, alongside the Refugee Review Tribunal, and Social Security Appeals Tribunal, merged with the AAT to create one reviewing body.
The Tribunal is not always the first avenue of review of an administrative decision. In some cases, the Tribunal cannot review a decision until there’s been an internal review of the primary decision.
In other cases, review by the Tribunal is only available after intermediate review by a specialist tribunal. For example, an application for review of a family assistance or social security decision may be made only after review by the Social Security Appeals Tribunal.
The duration upon which an AAT decision may be finalised or completed largely depends on a number of key factors, such as:
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As published in the AAT’s official website, the finalisation of reviews vary per case category, and its annual reports also show that cases for the Migration and Refugee Division have more than doubled.
In an AAT processing time of six months, here’s a quick summary of finalised applications under certain categories.
Note that these official numbers do not include cases in which the reviewing body found it did not have a jurisdiction over.
Can cases be prioritised? They can, and the President’s Direction on Prioritising Cases in Migration and Refugee Division have the guidelines under which cases may be prioritised or need immediate AAT processing time.
You can also write to the AAT and be detailed in your message as to why your case requires prioritisation, together with pertinent documents to support your case.
It’s sad news to find out your visa application has been denied and/or rejected, but you have the right to file an appeal if you think the decision should have been in your favour, or that the decision should be ruled as invalid.
Before getting to the process of making an appeal of a visa decision to the AAT, it’s also important to know which are the most common reasons for a visa refusal, namely:
In the event that the decision was still ruled in favour of the initial decision to reject your visa, you can file an appeal to the Federal Court as your last resort. It’s very important to consult with experienced visa experts to help you make informed decisions concerning your visa application.
Our customers are always happy to share their thoughts with us.
Here is what some of them had said!
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You’re not in this alone. If you seriously think your visa application deserves not only a second review but actual approval, we can help you better understand your case and work on a legal solution to reverse the initial decision.
Speak only with legal immigration experts. Contact Parish Patience Immigration Lawyers today.
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Below are some more other questions we addressed for your reference.
If your visa cancellation falls under section 501 of Migration Act 1958, which is based on character grounds, the Tribunal shall make a decision in no less than 12 weeks or 84 days after you were officially informed of the decision.
You will become an illegal non-citizen if you’re in Australia when the decision was made. However, if you have or were granted either a substantive visa or a bridging visa, you are legally allowed to stay in the country for a certain period of time.
For Australian student visas in 2023, for example, the success rate is only 50 percent. Common reasons for student visa rejections involve the Genuine Temporary Entrant (GTE) requirement, wherein applicants fail to show genuine intention to study in Australia temporarily. Other reasons include academic qualifications, missing documents, failing English proficiency tests, and lack of funds.
You can definitely reapply for a visa after cancellation by filing an appeal to the Tribunal or in court. Should any of the two decision makers rule in your favour, your visa can be reinstated or granted.
Yes, it’s possible to get a visa after an appeal ruled in your favour. If the Tribunal upheld the decision of refusing your visa application, you can then file another appeal to the Federal Court. You must do so in 35 days since the AAT decision was made.