AAT or Merits Review


AAT Review or Appeal

Did you have your recent application for the migration refused or cancelled, then you may be able to appeal the decision of the case officer or delegates to the AAT (Administrative Appeals Tribunal).

What is AAT?

The AAT is an Australian tribunal that conducts the independent review of administrative decisions made under Commonwealth laws of the Australian Government.

The timeframe to appeal to AAT depends on your merits review. The information can be found on the refusal or the notification letter from the Department. In general, the lodgement of the AAT merits review is within 21 calendar days. If the application to AAT is not lodged within the available timeframe, the right to appeal for the merits review will be lost.

You can claim new evidence to support your application during the process of the AAT hearing. The hearing of the AAT is usually conducted face- to -face or telephonic. The evidence can be provided verbally to support the application.

The hearing is a crucial part in making the decision, and as a result, the applicants have to be prepared and provide all the supporting evidence to obtain a positive outcome for the application.

After the hearing, the AAT can either REMIT or AFFIRM the decision of the Department of Immigration.

REMIT means the AAT does not agree with the decision of the Department of Immigration and the case will be forwarded back to the Department for further assessment.

AFFIRM means the AAT agrees with the decision of the Department and the application has to be refused or cancelled.

If the application with the AAT is not successful, you can challenge the decision to the Federal Court.

If you want to find more information on your review rights, you can contact us at info@ausamigration.com.au