If your Australian visa application has been refused, you may have the option to appeal the decision through the Administrative Appeals Tribunal (AAT). This process, known as an AAT Merits Review, allows you to challenge the visa refusal decision by presenting new evidence and arguments. Below is a step-by-step breakdown to help you understand and navigate the process.

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The AAT Merits Review is a legal process where the AAT independently reassesses the Department of Home Affairs' decision. It is an opportunity for applicants to argue their case and submit additional evidence to demonstrate why the visa should be granted.

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The AAT does not make policy but reviews whether the decision was lawful and reasonable based on the merits of your case.

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Step-by-Step Guide to the AAT Merits Review Process

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1. Receiving the Visa Refusal Decision

• Once the Department of Home Affairs refuses your visa, you will receive a visa refusal notification letter.

• This letter outlines the reasons for the visa refusal and informs you whether you are eligible to apply for an AAT review.

• Act quickly: Strict deadlines apply, usually within 21 days of receiving the visa refusal notice.

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2. Lodging the AAT Review Application

• Submit your review application online via the AAT's portal or by post.

• Pay the required application fee (AUD $3,153 as of 2024). Concessions are available in certain circumstances.

• Ensure all sections of the application are completed accurately to avoid delays or rejection of your review request.

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3. Preparing Your Case

• Analyze the reasons for visa refusal: Review the visa refusal letter to identify gaps or weaknesses in your original application.

• Gather new evidence: Provide additional documents, such as updated work references, financial records, or proof of genuine relationships.

• Seek professional advice: Consulting with a registered migration agent is highly recommended to strengthen your case.

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4. Attending the Hearing

• The AAT may schedule a hearing to allow you to present your case. Hearings are conducted in person, via video, or over the phone.

• Be prepared to:

  • Explain your circumstances clearly.

  • Address the specific concerns raised in the visa refusal decision.

  • Answer any questions from the tribunal member.

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5. Awaiting the Outcome

• After the hearing, the AAT will notify you of its decision. Possible outcomes include:

  • Affirmation: The original decision is upheld.

  • Remittal: The case is sent back to the Department of Home Affairs with recommendations for approval.

  • Substitution: The AAT makes a new decision.

  • Dismissal: The review is dismissed, and the visa refusal stands.

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Key Considerations for the AAT Merits Review

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Strict Deadlines

Failure to lodge your application within the specified time frame will result in the loss of your right to appeal.

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Legal Representation

Although not mandatory, having a registered migration agent or lawyer can significantly increase your chances of success.

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Costs and Risks

Understand that an AAT review incurs costs and does not guarantee a favorable outcome.

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Why Act Now?

An AAT Merits Review offers a valuable second chance to achieve your visa goals. With deadlines as short as 21 days, it’s crucial to act immediately. The process can be complex, but with the right preparation and guidance, you can significantly improve your chances of success.

If you need assistance, our team of registered migration agents specializes in handling AAT appeals and can help craft a strong case tailored to your unique circumstances. Contact us today for expert advice and support.