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If your visa application has been refused/your visa has been cancelled in Australia under certain conditions you may have a right to appeal the decision. Such appeals are lodged with the Administrative Appeals Tribunal(AAT).

The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. The AAT reviews decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. The AAT also reviews decisions made under Norfolk Island laws.

The AAT was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976.

The Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were amalgamated with the AAT on 1 July 2015.

The AAT reviews a decision “on the merits”. This means that the AAT take a fresh look at the facts, law and policy relating to the decision and arrive at our own decision. The AAT must make the legally correct decision or, where there can be more than one correct decision, the preferable decision.

The AAT has the power to:

  • • Affirm a decision
  • • Vary a decision
  • • Set aside a decision and substitute a new decision, or
  • • Remit a decision to the decision-maker for reconsideration.