Visa Refusal and Cancellation: Your Options at the AAT
Receiving a visa refusal or cancellation notice is distressing, but it is not always the end of the road. Depending on the visa type and the circumstances, you may have the right to seek a merits review at the Administrative Appeals Tribunal (AAT) — but time limits are strict and missing them can be fatal to your case.
What is a merits review?
A merits review is a fresh examination of the decision by an independent tribunal. The AAT can affirm the original decision, vary it, or set it aside and substitute a different decision. It is not an appeal in the traditional legal sense — the tribunal looks at the facts and the law afresh.
Time limits
Time limits for lodging an AAT application vary depending on the visa type and whether you are onshore or offshore. For many refusals, the time limit is as short as 21 days from the date of the decision. Missing the deadline means you lose the right to review entirely, so act immediately upon receiving a refusal notice.
Grounds for review
Common grounds for review include errors in the assessment of evidence, failure to consider relevant information, and incorrect application of the law. New evidence can also be submitted to the AAT that was not before the original decision-maker.
Judicial review
If the AAT affirms the refusal, you may have the option of seeking judicial review in the Federal Circuit and Family Court of Australia. Judicial review is limited to legal errors — the court does not re-examine the merits of the decision.
Ministerial intervention
In limited circumstances, the Minister for Immigration has the power to intervene in AAT cases and grant a visa on public interest grounds. This is a discretionary power and is not a substitute for a properly prepared review application.
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