The Australian government gives civil right to those applicants whose visa is refused or canceled and need to use for review on merit basis. This merit review is conducted by a merit review tribunal, Administrative Appeal Tribunal (AAT). The AAT is an autonomous merits review tribunal that reviews cases of visa refusal or cancellation decisions (known as migration decisions), mostly onshore protection refusal decisions (known as refugee decisions), and, character-related refusal decisions. AAT undertakes candid approach to require decision on review applications.
It is pertinent to notice that before 1 July 2015, a Merits Review Tribunal (MRT) decision also included decisions from the Migration Review Tribunal and therefore the Refugee Review Tribunal. These two tribunals amalgamated into the AAT, and, now AAT is merely merits review tribunal for immigration related matters. Please ask www.border.gov.au for more information.
In addition to the present Independent Protection Assessment (IPA) may be a body individual who reviews Departmental decisions for refugee determination in offshore protection obligation assessments. IPA conducts independent and unbiased investigation of the applicant’s protection claims.
In addition to primary task mentioned in above paras, a couple of departmental decision that AAT has influence to conduct review are as under:
- to register, or refuse to register, an individual or a migration agent
- to deregister, or refuse to deregister, an individual or a migration agent
- to cancel or suspend a person’s registration as a migration agent
- access to information (decisions made under the liberty of data Act 1982)
Refer border.gov.au for more information and updates.
This timeframe can vary from case to case basis, on the sort of decision, and, by which you were notified of the choice. Usually appeal/review application should be lodged with AAT within 21 days of decision made. An applicant may waste chances of review if timeline to use isn’t strictly followed.
AAT welcomes applicant to present himself before AAT to supply arguments and evidences to support appeal filed and present more relevant documents to urge decision in applicant’s favor. This includes face-to-face discussion with AAT Members who will make decision after considering all facts and figures. This process is typically called as Hearings at AAT. The Member of AAT may cross check evidences and verbal statements to justify his decision. The choice from AAT could also be made in additional than 1 hearing. The applicant should be prepared for these hearings and foresee all possible questions which will be asked by AAT member. The choice is only made on merit and evidences provided.
The decisions of AAT are often considered as a replacement and effective decision and should be presented to other tribunal and courts. During this way AAT plays role of DIBP and make a replacement decision that’s supported merit and considering facts of situation with evidences. Just in case of negative outcome from AAT decision, an applicant may file appeal with court, however, this appeal should be supported any legal error in previous decision.
There are two possible outcome from AAT Review. The AAT can decide either `AFFIRM’ or `REMIT’ the choice made by DIBP. `Affirm’ ask reconfirmation of decision taken by DIBP i.e. visa cancelation or refusal. Here applicant may file further appeal with other courts for consideration. The foremost likely courts are `Federal Court’ and `Ministerial Invention’. you’ll appeal to court if you think that that there’s a legal error within the decision of AAT, or, AAT applied incorrect approach in considering your eligibility, or, AAT was unfair in making a choice as AAT didn’t consider all available evidences. The court won’t return to details of appeal, so, you’ve got to very confident and have sufficient evidences in arguments of legal error made in decision of AAT. On other hand, the Ministerial Invention require high level of convincing grounds to grant the visa. It is, therefore, most vital to possess a glance on available evidences and arguments before filing appeal with Ministerial Invention.
’Remit’ ask AAT disagreement to decision of DIBP for refusal or cancelation of visa. During this scenario AAT reverts back decision of DIBP. The DIBP, eventually, grants visa to applicant subject to fulfilling remaining documents, if any, like insurance or character certificate.