AAT | Courts

If you receive an unfavourable outcome of your visa application from the Department, you may be eligible for  review of that decision in the AAT. Appeals must be lodged within a strict time limit. AAT conducts merits review  which means the facts, law and policy-relevant to the original decision are considered from the beginning without  any influence from the Department. This provides the applicant an opportunity to provide fresh evidence to  support their case that might have been missed in the original submission. 

With our experience and knowledge, we will make your appeal review journey easy and simple. 

Unlike at Administrative Appeals Tribunal (AAT), the courts may only review a decision in order to determine if an  error at law has been made. If the court discovers an error at law, it can refer your application back to the AAT. However, the courts cannot re-examine the facts and motives for your visa application, take new truthful  information into account unless it is relevant to a question of whether the decision maker made an error at law or  approve you a visa. 

An error of law, also referred as ‘jurisdictional error’ means the law has not been applied correctly. Below is a  non-exhaustive list of potential jurisdictional errors: 

• Failure to offer procedural fairness. 
• AAT identified the incorrect issue, asked the unethical question, or applied the wrong test. • Failure to consider relevant material. 
• Considered irrelevant material. 
• Failure to consider claims. 
• Breach of rules of natural justice or failure to follow mandatory procedures. 
• Procedural fairness not afforded. 
• Apprehended or actual bias. 
• Illogicality, irrationality, or unreasonableness.

Avenues for judicial review may still be available even if a case does not fall under one of the jurisdictional errors  above. Strict limits apply for filing an application in the court from the date of the AAT decision. 

Get in touch with us as soon as you receive an unfavourable outcome so that we can assist in identifying any  jurisdictional error that might have been committed by the AAT and offer specialist legal advice as to your  prospects of success.