Appeals to Visa Refusals and Cancellation
If your visa has been refused or cancelled you may have the right to appeal to the Administrative Appeals Tribunal - Migration and Refugee Division (AAT). They review decisions made by officers of the Department of Immigration and Border Protection or the Department of Home Affairs to refuse or cancel visas. They can also review decisions relating to approval and cancellation of sponsorship and nomination.
AAT Application fee
When an appeal is lodged you must pay an application fee of A$1,787 to the AAT. This fee may be reduced by 50% if they are satisfied that payment of the fee is likely to cause severe financial hardship. Please note that if you receive a favorable decision on your case they will refund 50% of the full application fee.
Appeal time limits
There are strict timelines for appealing to the AAT. You must lodge your application for review within the time limit stated in your letter from the Department containing their decision. If you do not apply within this time limit, the AAT will not be able to consider your application for review. The AAT does not have any power to extend the time limit.
AAT processing times
The table below lists the AAT processing times for decisions made between 1/05/18 and 31/10/18
Case category Decisions Within 365 days Average Days
Bridging 221 99% 38
Visitor 715 77% 245
Student refusal 2,284 31% 393
Temporary work 634 43% 395
Permanent business 552 49% 386
Skill linked 596 74% 240
Partner 1,282 28% 488
Family 214 38% 459
Student cancellation 315 42% 396
Nomination/Sponsor approval 943 36% 456
Protection 2,087 50% 405
Other 79 87% 157
If you are onshore during the processing period you will normally get a Bridging Visa which will have the same conditions as your previous visa. This allows you to remain in Australia for as long as the appeal takes to be processed. Requests for priority processing on compelling grounds can be submitted.
Visa Pro Cost
The cost of Visa Pro providing legal representation for an appeal to the AAT depends on the complexity of your matter. As a general indication a straightforward case is typically $5000. Please contact us to discuss your case.