Visa Refusal / Visa Cancellation / Merits Review (AAT) Appeals

Training 407 Visa

The Administrative Appeals Tribunal (AAT) conducts independent reviews of administrative decisions made under Commonwealth laws.

McKkr’s offers consultations, submissions and representation to Migration Agents and Lawyers if you are considering applying to the AAT or waiting for a hearing at the AAT in a matter for your clients, Discuss your Case with us today.

Migration and Refugee Division of AAT

The Migration and Refugee Division of the AAT is not bound by technicalities, legal forms or rules of evidence. Its role is to act according to substantial justice and the merits of the case, to resolve, in accordance with the law and its own published procedures, applications for review of a primary decision of refusal or cancellation by the Department of Home Affairs.

Around 50% of the case load at the AAT is from the Migration and Refugee division. The AAT aims to finalise 75 per cent of applications within 12 months of lodgement, although this is not usually the case due to the high volume of applications the Migration and Refugee Division receives.

Administrative Appeals Tribunal Australia
AAT Application in Australia

Powers of the AAT

  • Affirm the decision or
  • Vary the decision or
  • Remit the matter for reconsideration in accordance with such directions or
    recommendations as are permitted by the Regulations or
  • Set aside the decision and substitute a new decision or
  • Dismiss the application without taking any further action

At McKkr’s, we have helped several Migration Agents and Law Firms in winning cases at the AAT for their clients including complex matters. Merits Review process at the AAT is an opportunity to get your clients’ application reassessed and as such should not be taken lightly. Strategic approach to the whole case considering the grounds of the refusal decision by the Department is the key to winning at the AAT.

Discuss your Case

Withdrawing an AAT Application

An application for review can be withdrawn at any time prior to a decision being made on the application. The decision under review remains unchanged, and the Department of Home Affairs is notified of the withdrawal.

Travel overseas during the review at the AAT

Travel overseas will not affect any application that your clients have lodged with the AAT. However, your client should liaise with the registry before any travel arrangements are made to establish whether or not the hearing or a decision is imminent. You should also contact the Department of Home Affairs to make sure that your client can travel and re-enter Australia.

Merits Review Australia
McKkr’s has a team of migration specialists who are experienced in AAT cases. Call us on +61 2 46261002 or Contact Us to speak to our migration specialists.