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How do I apply for a review?
If your visa has been refused you typically have 21 or 28 days to apply for a review of the department’s decision with the Administrative Appeals Tribunal.
Time limits to review a decision are statutory and can’t be extended for any reason.
If you don’t lodge an application to review in the required timeframe the matter is finalised and you’ll need to leave the country unless you have another application pending.
What is the Administrative Appeals Tribunal?
The Administrative Appeals Tribunal is an independent review body, separate to the Department of Immigration.
It applies the same laws and policies as the Department of Immigration but has the authority to review department decisions and potentially overrule them.
Its role is to consider if the relevant laws and policies, along with the discretionary judgements of department case officers, have been properly applied to the facts of a visa application.
The Administrative Appeals Tribunal may agree with the department’s decision or it can revert the application back to the department on the basis that you meet the criteria for the visa.
If the matter is reverted back, the department will continue to process the application.
While this doesn’t guarantee a visa being granted, it is indicative that it will be if the criteria is fulfilled.
Why choose Alan Rigas Solicitors for your review?
When lodging an Administrative Appeals Tribunal, we prepare detailed submissions to assist the tribunal in understanding your matter and why the visa should be granted.
We also help clients prepare for tribunal hearings where they’re asked questions by a presiding tribunal member.
The tribunal in this jurisdiction is inquisitorial – designed to find out more information about your specific circumstances – and not adversarial. You need to know your application intimately.
Expertly drafted submissions are the cornerstone of your review application. Good submissions addressing the issues pave the way for a good hearing.
What will it cost?
All Administrative Appeals Tribunal reviews are subject to an application fee – currently $AU1673 per review applicant. This must be paid when lodging your review application.
Protection visa reviews are exempt from this fee until after the decision is made, at which point the applicant will be required to pay if the review fails.
Applicants may be eligible for a 50% discount on review application fees if they can demonstrate it will result in financial hardship. However, the 50% needs to be paid when lodging the review application.
What is a Judicial Review?
Even if the Administrative Appeals Tribunal affirms the department’s decision to refuse a visa application, you may have an opportunity to have the decision reviewed by the Federal Circuit Court to determine if there was an error.