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Administrative Review Tribunal Appeals

Administrative Review Tribunal Appeals

What is the Administrative Review Tribunal?

The Administrative Review Tribunal (formerly known as the AAT) reviews decisions made by the Department of Home Affairs in relation to Australian visas and sponsorships. If your visa application, visa cancellation, or sponsorship application has been refused or cancelled, you may have the right to seek a review through the Tribunal.

The Tribunal is an independent body. Its role is to reconsider the Department’s decision and determine whether it should be affirmed (upheld), varied, set aside, or remitted back to the Department for reconsideration.

What Happens at the Tribunal?

When you lodge an appeal with the Tribunal, the process generally involves:

  1. Gathering Information – The Tribunal will request a copy of your file from the Department of Home Affairs.
  2. Reviewing Your Case – They will examine the evidence already on record, along with any new documents you provide.
  3. Seeking Further Input – You may be invited to submit additional evidence or attend a hearing (this can be in person or via video link).
  4. Making a Fresh Assessment – The Tribunal looks at your circumstances independently and is not bound by the Department’s original decision.

After reviewing everything, the Tribunal Member may:

  • Affirm – uphold the Department’s original decision,
  • Set Aside – replace it with a new decision,
  • Remit – send the case back to the Department for reconsideration with directions, or
  • Vary – modify parts of the decision.

Why Legal Representation Matters

Migration law is complex, and Tribunal hearings can often feel overwhelming. Having an experienced lawyer by your side can greatly improve your chances of success. A migration lawyer will:

  • Assess your case strategically – identifying the strongest arguments and addressing potential weaknesses.
  • Prepare persuasive submissions – drafting clear, detailed statements and compiling the necessary supporting evidence.
  • Protect your rights and timelines – ensuring all requirements are met and no critical deadlines are missed.
  • Attend the hearing with you – providing procedural guidance, ensuring the process is fair, and responding to questions from the Tribunal Member if required.

With the right legal support, you don’t have to face the Tribunal process alone.

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