A comprehensive guide to seeking merits review of an unfavourable visa decision at the Administrative Appeals Tribunal.
If the Department of Home Affairs refuses your visa application or cancels your existing visa, you may have the right to have that decision reviewed by an independent body — the Administrative Appeals Tribunal (AAT). The AAT is not a court. It conducts a fresh review of the merits of your case, which means it can look at all the evidence again and substitute a new decision if it finds the Department was wrong.
AAT review is available for a wide range of visa types, including partner visas, student visas, skilled visas, parent visas, and certain temporary visas. The availability of review rights depends on the visa subclass, where the applicant was located at the time of the decision (onshore or offshore), and whether the applicant is an Australian citizen or permanent resident sponsor.
It is important to understand that lodging an application with the AAT does not automatically mean you will succeed. However, it does provide a meaningful opportunity to present additional evidence, have errors corrected, and have compassionate circumstances considered that the Department may have overlooked.
The AAT can reach one of several outcomes after reviewing your case:
the Tribunal agrees with the Department and the visa remains refused or cancelled.
the Tribunal disagrees and grants the visa or reinstates it, effectively overturning the Department's decision.
the Tribunal sends the matter back for the Department to reconsider, often with specific directions or recommendations.
this occurs if the application is not validly made (e.g. lodged outside the time limit or by someone without review rights).
Not every visa applicant has the right to seek AAT review. Review rights depend on several factors set out in the Migration Act 1958 and the Migration Regulations 1994. You generally have review rights if:
Affirm the decision
Who cannot applyReceive the Department's decision. The refusal or cancellation letter will state whether you have review rights and the deadline by which you must lodge your application.
Lodge your application with the AAT within the time limit (usually 21 days). Applications are made through the Migration Review online portal. You must pay the application fee at lodgement unless you qualify for a fee waiver.
Submit your statement and evidence. After lodging, you will have the opportunity to provide a detailed written statement and supporting documents — such as statutory declarations, relationship evidence, financial records, and country information.
Attend the hearing. In most cases, the AAT will schedule an oral hearing where you (or your agent) can present arguments and answer questions from the Tribunal member. Some cases are decided on the papers alone.
Receive the decision. The Tribunal issues a written decision, usually within a few weeks to several months of the hearing. If you are successful, the Department will give effect to the Tribunal's decision. If unsuccessful, you may have further options such as judicial review in the Federal Court.
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The strength of an AAT application depends almost entirely on the quality of evidence submitted. The Tribunal conducts a fresh review, which means you can submit documents not previously considered by the Department. The following are commonly required:
Valid passport, birth certificate, and any change-of-name documents.
Request this from the Department after lodging your AAT application; it sets out the reasons for refusal and the evidence considered.
Explaining the circumstances of your case, why the decision was wrong, and any compassionate or compelling factors.
Photographs, joint financial records, communications, and statutory declarations from family and friends.
payslips, tax returns, bank statements, and employment contracts relevant to your visa conditions.
particularly important for protection visa cases where the applicant's circumstances in their home country are at issue
Navigating an AAT review is one of the most complex and high-stakes processes in Australian immigration law. The outcome can determine whether you remain in Australia with your family, continue your studies or employment, or are required to leave the country. At ImmigrationBuddy, we understand the pressure and uncertainty that comes with receiving a visa refusal — and we are here to support you every step of the way.
This assessment is obligation-free and designed to give you clarity when you need it most.
We handle the paperwork and procedural requirements so you can focus on what matters.
Our fee structure is clearly outlined during your initial consultation, and we will never commence work without your written agreement.
Book a free case assessment with one of our registered migration agents today. We will review your refusal notice, confirm your deadline, and map out your options — at no cost and no obligation.
Visit immigrationbuddy.com.au or call us to get started.
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