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MRT & AAT Appeal



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MRT & AAT Appeal

Overview

The Administrative Appeals Tribunal (AAT) and the Migration Review Tribunal (MRT) provide independent, merit-based reviews of decisions made by government authorities, particularly the Department of Home Affairs. If your visa application has been refused or your visa has been cancelled, you may have the right to appeal the decision through the AAT.

What Is the AAT?

The Administrative Appeals Tribunal (AAT) is an independent statutory body that conducts merit reviews of a wide range of administrative decisions made by the Australian Government. In 2015, the functions of the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) were merged into the AAT’s Migration and Refugee Division.

The AAT operates as a non-adversarial tribunal, meaning you can be represented by a registered migration agent, but there will be no legal representative acting for the Department of Home Affairs during the hearing. A Tribunal Member will independently review both the department’s decision and the circumstances of your case before making a determination.

Time Limits for Lodging an Appeal

Strict timeframes apply to lodging an appeal with the AAT. In most cases, you must submit your appeal within 21 calendar days from the date you were notified of the decision. The timeframe may vary depending on the nature of the decision and the method of notification.
Failure to lodge your application within the specified period will generally result in the loss of your review rights.

Merits Review by the AAT

The AAT conducts a merits review, meaning it reassesses the facts of your case independently and can make a new decision. The Tribunal Member essentially “steps into the shoes” of the original decision-maker.

You will have the opportunity to provide new evidence, including documents or testimony that may not have been included in your original application. This is often your only opportunity for a merits review. Appeals to the Federal Court following a negative AAT decision can only be pursued on legal grounds, not on factual reconsideration.

AAT Hearings

If your case proceeds to a hearing, it will usually be conducted in person with a Tribunal Member. During the hearing:

  • You may give oral evidence to support your case.
  • You can call witnesses to testify on your behalf.
  • The Member may ask questions to clarify issues or better understand your circumstances.

Thorough preparation is crucial, as the outcome of the hearing may hinge on how clearly and convincingly you present your case.

Possible Outcomes of an AAT Appeal

  1. Affirmation – The AAT agrees with the original decision by the Department of Home Affairs. This means your visa refusal or cancellation stands. You may then consider further appeals or Ministerial Intervention.
  2. Remittal – The AAT disagrees with the initial decision and sends your case back to the Department of Home Affairs for reconsideration. The Department will then reassess your application, focusing on any remaining visa requirements (such as health or character checks).

Next Steps After an AAT Decision

If your appeal to the AAT is unsuccessful, you may consider:

  • Federal Court Appeal – Only available where a legal error has occurred (e.g. misapplication of law, denial of procedural fairness). The Court will not reassess facts, only legal procedures.
  • Ministerial Intervention – You may apply to the Minister for Immigration to intervene in exceptional cases. Ministerial Intervention is discretionary and typically reserved for compelling or compassionate circumstances.

Why Choose Eduab for MRT & AAT Appeals?

At Eduab, we have a proven track record of assisting international students and visa applicants with AAT and MRT matters. Our in-house MARA-registered agents work closely with a network of experienced Registered Migration Lawyers across Australia.

We specialise in preparing thorough and well-supported appeal applications, ensuring that our clients are fully informed and well-prepared for hearings. Whether you are facing a visa refusal or cancellation, our team is here to provide strategic advice and dedicated representation.

Need Help with Your Appeal?
Contact Eduab today to schedule a consultation with our AAT/MRT specialists.

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