Applications to the Administrative Appeals Tribunal (AAT)

The Administrative Appeals Tribunal (AAT) reviews many different types of government decisions to ensure that the correct and preferable decision has been made. This includes visa-related decisions that are not made personally by a Minister administering the Migration Act 1958. When applying to the AAT to review a visa cancellation or refusal decision you can advance new arguments and new evidence that were not put to the original decision maker. Our lawyers have successfully acted in applications to the Administrative Appeal Tribunal for review of the following types of visa-realted decisions (click the list items for examples of decisions we have received):
The time frames for applying to the Administrative Appeals Tribunal vary depending on the type of decision you have received. Contact our firm to receive free advice about the relevant time frames involved in your matter.

Recent posts about the Administrative Appeals Tribunal (AAT)

Administrative Appeals Tribunal
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The one where the murder victim rocked up to the Tribunal hearing: HZCP v Minister for Immigration and Border Protection [2019] FCFCA 202

When can non-citizens going through cancellation processes dispute the factual basis on which they were sentenced and convicted? The Full Court of the Federal Court of Australia’s recent decision in HZCP v Minister for Immigration and Border Protection provided an answer to that question, but raised a whole bunch more.

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Administrative Appeals Tribunal
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Power and discretion: understanding administrative decisions in the migration law context

Just because the Minister responsible for administering the Migration Act 1958 has the power to cancel a non-citizen’s visa doesn’t mean that the Minister (or their delegate) will cancel that person’s visa. One of the common misconceptions about visa cancellation law in Australia is that the Minister will always cancel a visa if they have the power to do so. This is generally not the case.

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Administrative Appeals Tribunal
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What is preferable, or, was it lawful? The differences between merits review in the AAT and judicial review in the Courts

One of the most significant distinctions to grasp when it comes to migration law, or any type of administrative law, is the distinction between a review of a decision ‘on the merits’ (merits review) and judicial review of a decision by a Court. It is significant because the Administrative Appeals Tribunal and the Courts answer different questions.

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AAT - Non-cancellation decision under s 501(2)
AAT Decision - non-cancellation decision under s 116(1)(e)
AAT Decision - Revocation Decision under s 501CA(4)
AAT - Non-refusal decision

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