Tribunal Reviews
If your Australian visa has been refused or cancelled and you disagree with the decision, you may have review options.
This page explains:
- What the Administrative Appeals Tribunal (AAT) is
- What visa decisions the AAT can review
- What outcomes the AAT can make
- Time limits to lodge your appeal
- Pros and cons of going to the AAT
What is the AAT?
The Administrative Appeals Tribunal (AAT) is an independent tribunal that reviews decisions made by Australian Government departments and agencies.
In migration matters, the AAT reviews certain decisions made by the Department of Home Affairs.
The AAT does not simply check whether the Department followed procedure — it can reconsider the case and decide what it believes is the correct or preferable decision, based on the evidence and the law.
Why was the AAT established?
The AAT was established in 1975 as part of reforms aimed at improving:
- fairness
- transparency
- accountability
- access to independent review
The tribunal was created to provide a review process that is:
- fair and impartial
- informal (compared to court)
- accessible
- economical
- reasonably quick
Which visa appeals go to the AAT?
Migration matters are mainly handled through two AAT divisions:
1) Migration and Refugee Division (MRD)
This division reviews most visa refusals and cancellations, including:
- partner visas
- student visas
- skilled visas
- business visas
- some visitor visas
- nomination and sponsorship decisions
- bridging visa decisions
- family visas
- temporary work visas
- some humanitarian categories
⚠️ The AAT does not review fast-track humanitarian decisions.
2) General Division
This division mainly deals with:
- citizenship refusals
- character-related matters (including some section 501 matters)
- OMARA-related decisions (migration agent matters)
What decisions can the AAT make?
If your visa has been refused or cancelled, the AAT member can make one of these decisions:
Affirm
The AAT agrees with the Department’s decision.
This means your refusal or cancellation stands.
If this happens, you must quickly consider your next steps, such as:
- applying to court (only if there is a legal error)
- applying for another visa (if eligible)
- making arrangements to depart Australia
Vary
The AAT changes the Department’s decision in some way.
Set Aside
The AAT decides the original decision was wrong (fully or partly).
The AAT may:
- substitute a new decision, or
- return the matter to the Department
Remit
The AAT sends the matter back to the Department to make a new decision, following the AAT’s directions.
In most cases, if your matter is remitted, it means you have won your appeal and the Department must reconsider the case properly.
Time Limits to Apply to the AAT (Very Important)
AAT time limits are strict.
Your refusal or cancellation letter will state exactly how many days you have to apply.
Common time limits include:
- 21 days for many visa refusals
- 7 days for many visa cancellations
- 7 working days if you are in immigration detention (in many cases)
⚠️ If you miss the deadline, you may lose your right to appeal.
When does the time start?
The “notification date” depends on how you received the decision:
- Email: the date you received the email
- Registered post: usually counted from a set number of working days after the letter date
- Detention: usually shorter deadlines apply
Can I stay in Australia while waiting for the AAT decision?
In many cases, yes.
You may be granted a Bridging Visa after lodging your AAT review.
Your bridging visa conditions (work rights, study rights, travel rights) depend on:
- what visa you held previously
- your circumstances at the time of refusal/cancellation
- the type of review you lodged
How long does the AAT take?
Processing times vary.
Some cases take months, and complex matters can take longer depending on:
- the amount of evidence
- whether a hearing is required
- the complexity of your case
- tribunal workload
Advantages and Disadvantages of the AAT
Advantages of the AAT
- Access to review
The AAT gives many applicants a chance to challenge a refusal or cancellation decision. - Independent and impartial
The AAT is separate from the Department and can review the case fairly. - Merits-based review
The AAT can reassess facts and evidence, not just legal technicalities. - Less expensive than court
AAT review is generally more affordable than Federal Court proceedings. - A structured legal process
Applicants can provide evidence, attend hearings, and be legally represented.
Disadvantages of the AAT
- Strict time limits
If you miss the deadline, you may lose the right to appeal. - It can take a long time
Some cases take many months before a final outcome. - Not all decisions are reviewable
Some visa decisions cannot be appealed to the AAT. - AAT cannot grant every visa
Even if the AAT agrees with you, it may remit the matter back to the Department rather than grant the visa directly. - Court appeal is limited
If you lose at the AAT, going to court is only possible if there is a legal error — not just because you disagree with the outcome.
Need Help With an AAT Appeal?
If your visa has been refused or cancelled, you must act quickly.
Deadlines are strict, and the strongest appeals usually involve:
- correcting errors in the original application
- providing stronger supporting documents
- addressing refusal reasons directly
- preparing properly for hearings
