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Wondering how long it will take for the Administrative Appeals Tribunal (AAT) to make a decision before lodging your own appeal? This could be a stressful and labour-intensive process, but our lawyers and visa experts are here to help you deal with the legal challenges of your visa application. Allow us to understand your issues better by calling us for consultation.
The Tribunal is tasked to conduct independent and objective merit reviews of administrative decisions made under Commonwealth laws. It was established through the Administrative Appeals Tribunal Act 1975 and began operations on 1 July 1976.
Effective 1 July 2015, the Migration Review Tribunal, alongside the Refugee Review Tribunal, and Social Security Appeals Tribunal, merged with the AAT to create one reviewing body.
The Tribunal is not always the first avenue of review of an administrative decision. In some cases, the Tribunal cannot review a decision until there’s been an internal review of the primary decision.
In other cases, review by the Tribunal is only available after intermediate review by a specialist tribunal. For example, an application for review of a family assistance or social security decision may be made only after review by the Social Security Appeals Tribunal.
The duration upon which an AAT decision may be finalised or completed largely depends on a number of key factors, such as:
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As published in the AAT’s official website, the finalisation of reviews vary per case category, and its annual reports also show that cases for the Migration and Refugee Division have more than doubled.
In an AAT processing time of six months, here’s a quick summary of finalised applications under certain categories.
Note that these official numbers do not include cases in which the reviewing body found it did not have a jurisdiction over.
Can cases be prioritised? They can, and the President’s Direction on Prioritising Cases in Migration and Refugee Division have the guidelines under which cases may be prioritised or need immediate AAT processing time.
You can also write to the AAT and be detailed in your message as to why your case requires prioritisation, together with pertinent documents to support your case.
It’s sad news to find out your visa application has been denied and/or rejected, but you have the right to file an appeal if you think the decision should have been in your favour, or that the decision should be ruled as invalid.
Before getting to the process of making an appeal of a visa decision to the AAT, it’s also important to know which are the most common reasons for a visa refusal, namely:
In the event that the decision was still ruled in favour of the initial decision to reject your visa, you can file an appeal to the Federal Court as your last resort. It’s very important to consult with experienced visa experts to help you make informed decisions concerning your visa application.
Our customers are always happy to share their thoughts with us.
Here is what some of them had said!
The team at parish Patience Immigration Lawyers were incredibly helpful throughout the application process. Their assistance made our lives so much less stressful and their expertise cleared up any confusion we had. They remained engaged with us the whole time and quickly responded to any questions with thoughtful, detailed answers. Special thanks to Usman Ali and Shan . We highly recommend the team at Parish patience immigration lawyer for anyone considering help regarding any kind of visa .
Highly recommended lawyers! Extremely professional and reliable service, with outstanding outcomes. A special thanks to Mr Thong and Marlene, for helping us with our difficult case. Not only did they ensure that everything was ready to go, but their professionalism came in favor when we were granted our visa within just under 6 months!
Thong and Marlene helped my partner gain permanent residency in Australia. We did the application ourselves but it turned out lots of information we needed to provide was missing. Thong and Marlene picked our case up and helped amend it. I really appreciate their help and guidance and look forward to contacting them again in the future. I am pleased by their efforts and professionalism.
Successfully handled my case. He had been prompt, caring and very professional in dealing with my case. I am glad to have received very strong support, guidance and service from them. I would highly recommend Parish patience immigration lawyers. I wish the best for their future prospects.
I’m really thankful for the guidance and assistance I’ve received regarding my Partner visa from Shan and his assistance Asha at Parish Patience. They handled my matter professionally and there were clear instructions from the beginning till end. I got my partner visa 820 granted in less than 7 months, thanks to their knowledge and expertise. I wish them all the best and highly recommend Parish Patience Immigration Lawyers for any sort of immigration matters.
You’re not in this alone. If you seriously think your visa application deserves not only a second review but actual approval, we can help you better understand your case and work on a legal solution to reverse the initial decision.
Speak only with legal immigration experts. Contact Parish Patience Immigration Lawyers today.
Appeal for Visa Refusal Australia January 17, 2024Read More - Appeal for Visa Refusal Australia: What's Your Next Legal Steps? Appeal for Visa Refusal Australia: What's Your Next Legal Steps? Whichever your purpose for visa… Have more questions about visa appeals?
Below are some more other questions we addressed for your reference.
If your visa cancellation falls under section 501 of Migration Act 1958, which is based on character grounds, the Tribunal shall make a decision in no less than 12 weeks or 84 days after you were officially informed of the decision.
You will become an illegal non-citizen if you’re in Australia when the decision was made. However, if you have or were granted either a substantive visa or a bridging visa, you are legally allowed to stay in the country for a certain period of time.
For Australian student visas in 2023, for example, the success rate is only 50 percent. Common reasons for student visa rejections involve the Genuine Temporary Entrant (GTE) requirement, wherein applicants fail to show genuine intention to study in Australia temporarily. Other reasons include academic qualifications, missing documents, failing English proficiency tests, and lack of funds.
You can definitely reapply for a visa after cancellation by filing an appeal to the Tribunal or in court. Should any of the two decision makers rule in your favour, your visa can be reinstated or granted.
Yes, it’s possible to get a visa after an appeal ruled in your favour. If the Tribunal upheld the decision of refusing your visa application, you can then file another appeal to the Federal Court. You must do so in 35 days since the AAT decision was made.
Sadia Ahmed2024-03-13Usman looked after my file and we are granted 189 today . Very supportive teamT Malhi2024-03-07I would like to express my sincere gratitude to Parish Patience for the exceptional service they provided throughout my journey from Winning MRT(student visa ), 485 Visa and another student visa extensions to finally obtaining skilled migration. Usman demonstrated remarkable expertise and unwavering patience in addressing all my inquiries. I never felt the need to persistently follow up for updates on my application. His consistently kind, generous, and positive demeanor was truly commendable. I highly recommend Usman's services and extend my heartfelt appreciation to him.Thank you, Usman for bringing joy to those who have lost hope. You should be proud of the work you doYaad Matharu2024-03-07I highly recommend their service. I would like to express my gratitude to Mr. Usman for his exceptional professionalism and expertise.Umer Saeed2024-03-04Very professional, high standards of service and comprehensive knowledge of immigration, i strongly recommend them to anyone who requires immigration advice.Safat Aqib2024-02-27I received excellent service from Parish patience. Usman and Billah were extremely proficient and courteous, and they assisted me throughout every stage. I strongly recommend them to anyone who requires immigration advice.Kanika Dua2024-02-22Hi Just want to share my recent experience with parish patience. I was depressed and hopeless about my case and MR PRASAD at parish patience gave me hope and prepared my file very strong so I win in the AAT hearing. The case is in my favour now and hopefully i will get PR very soon. Highly recommend their service. They all are professionals and experts in their fields.Anand Inbasekaran2024-02-19I thank Upasna for making the visa process smooth and stress- free. Her attention to detail, prompt responsiveness, and in-depth knowledge of immigration procedures reflect a high standard of service. It was a pleasure to work with Parish Patience, and I would confidently recommend your services to others.Thihan Oo2024-02-17Very happy and grateful for your services, fast, reliable, approachable and super efficient team, Shan and Asha, you guys are the best.Sarma B2024-02-16I can't express enough gratitude for the outstanding service provided by my lawyer in helping me secure my partner visa. From the moment I walked into their office, I felt reassured by their warm demeanor and professionalism. Throughout the entire process, they were not only knowledgeable but also incredibly supportive, guiding me through each step with patience and clarity. What truly sets them apart is their accessibility. Whenever I had a question or concern, they were readily available, promptly responding to calls and emails, which alleviated any anxiety I had about the process. Their dedication to their clients is truly commendable. Thanks to their expertise and unwavering support, I am now able to build a future with my partner without the stress of immigration uncertainties. I wholeheartedly recommend their services to anyone in need of legal assistance, especially for partner visas. Thank you immensely for your outstanding representation!Rohan chowdhury2024-02-06Usman Ali is by far one of the best lawyers I’ve met, very knowledgeable, very professional, calm, supportive, prompt in replying with his emails, basically everything that you look in a lawyer. He made the process unbelievable quick, effective and successful. Heartily thankful for him and the whole team.
