Merits Review of the Refusal/ Cancellation decision of the Department by the AAT
The Administrative Appeals Tribunal (AAT) conducts independent reviews of administrative decisions made under Commonwealth laws.
Applications to the AAT are managed in one of eight divisions:
- Freedom of Information Division
- General Division
- Migration and Refugee Division
- National Disability Insurance Scheme Division
- Security Division
- Social Services and Child Support Division
- Taxation and Commercial Division, and
- Veterans’ Appeals Division
The Migration and Refugee Division of the AAT is not bound by technicalities, legal forms or rules of evidence. Its role is to act according to substantial justice and the merits of the case, to resolve, in accordance with the law and its own published procedures, applications for review of a primary decision of refusal or cancellation by the Department of Home Affairs.
Around 50% of the case load at the AAT is from the Migration and Refugee division. The AAT aims to finalise 75 per cent of applications within 12 months of lodgement.
Powers of the AAT
The AAT has the power to:
- Affirm the decision or
- Vary the decision or
- Remit the matter for reconsideration in accordance with such directions or recommendations as are permitted by the Regulations or
- Set aside the decision and substitute a new decision or
- Dismiss the application without taking any further action
Withdrawing an AAT Application
An application for review can be withdrawn at any time prior to a decision being made on the application.The decision under review remains unchanged, and the Department of Home Affairs is notified of the withdrawal.
Travel overseas during the review at the AAT
Travel overseas will not affect any application that you have lodged with us. However, you should liaise with the registry before any travel arrangements are made to establish whether or not your hearing or a decision is imminent. You should also contact the Department of Home Affairsto make sure that you can travel and re-enter Australia.
Looking for Help
At Migration Centre of Australia, we have helped several clients in winning at the AAT including complex matters. Merits Review process at the AAT is an opportunity to get your application reassessed and as such should not be taken lightly. Strategic approach to the whole case with a fresh approach considering the refusal decision of the department is the key to winning at the AAT.
If you are considering applying to the AAT or waiting for hearing at the AAT, you may like to contact us to discuss your case.
Migration Centre of Australia has a team of migration specialists who are experienced in AAT cases. Call +61 2 46261002 or book online today to speak to our migration specialists.