Administrative Appeals Tribunal Appeal – Merits Review
Eligibility for Review
To be eligible for merits review at the AAT, you must be affected by a decision made by the Department of Home Affairs that falls within the scope of reviewable decisions. These decisions can include visa refusals, visa cancellations, decisions related to citizenship applications, and other migration-related matters.
Lodging an Application
To initiate the review process, you need to lodge an application with the AAT within the specified time frame. The application must include relevant information, supporting documents, and any applicable fees. It is advisable to seek legal advice or assistance from an immigration lawyer when preparing and lodging your application to ensure completeness and accuracy.
Review Process
Once the AAT receives your application, it will allocate a case officer who will handle your review.
The review process involves the following steps :
a. Case Management
The case officer will review the application, request additional information if necessary, and manage the progress of the review.
b. Hearing
In some cases, the AAT may schedule a hearing where you can present your case, provide evidence, and make submissions to support your position. The AAT will also consider any evidence provided by the Department of Home Affairs.
c. Decision
After considering all the relevant information and submissions, the AAT will make a decision on your review. They may affirm, vary, or set aside the original decision made by the Department of Home Affairs.
Review Outcomes
The AAT can reach different outcomes based on the review :
a. Affirm the Decision
If the AAT affirms the original decision, it means that they agree with the Department of Home Affairs’ decision and your circumstances have not convinced them to overturn it.
b. Vary the Decision
The AAT may vary the original decision by modifying certain aspects or conditions.
c. Set Aside the Decision
If the AAT sets aside the decision, it means they disagree with the Department’s decision and substitute it with their own decision. This can result in a favourable outcome for the applicant.
Timeframes and Further Options
The timeframes for the AAT review process can vary depending on the complexity of the case and the workload of the tribunal. It is essential to comply with any deadlines or requests for information from the AAT during the review process.
If you are dissatisfied with the AAT’s decision, you may have the option to seek further review through the Federal Circuit Court or the Federal Court of Australia, depending on the circumstances.