Administrative Appeals Tribunal & Ministerial Interventions

Administrative Appeals

If your visa has been refused or cancelled by the Department of Home Affairs, you may be able to apply to the Administrative Appeals Tribunal (AAT) to have the decision reviewed. The AAT can review decisions made by officers of the Department of Home Affairs to refuse or cancel visas, as well as decisions relating to approval and cancellations of sponsorships and nominations.

You will need to ensure you lodge your review application within the stipulated timeframe to ensure your review rights are preserved.

It is important that you seek professional advice when reviewing your application to the AAT so that the reasons for the initial refusal can be adequately addressed at the review stage.

You may also be required to attend a hearing with the AAT. The hearing is an opportunity for you to present further information and arguments in support of your matter. We can assist you in preparation for the hearing and can attend the hearing with you.

The team at Migration Affairs has experience in challenging and reviewing refusals and cancellations. Talk to us so we can guide you in submitting your review application, as well as advising on all issues relating to refusals and cancellations, including appealing to the AAT, responding to notices of intention to cancel, and attending AAT hearings. Visa refusals and cancellations can have adverse impacts on your current visa status as well as future visa applications and it is important you contact us directly for specific advice.

Ministerial Intervention

Under the Migration Act 1958, the Minister has powers to intervene when the Minister believes it is in the public interest to do so. The Minister can intervene to substitute a more favourable decision made by a Tribunal.

In order to make a Ministerial Intervention request, you will first need to have a negative decision from the Tribunal (which includes the AAT, the former Refugee Review Tribunal (RRT), the former Migration Review Tribunal (MRT) or the former Immigration Review Tribunal or Migration Internal Review Office). The opportunity, therefore, arises after your visa has been refused, the refusal decision has been affirmed by the AAT and all other avenues for review have been exhausted.

The Minister will only intervene in ‘unique and exceptional circumstances and is not legally obliged to intervene. The Minister’s guidelines describe the types of cases that might be referred for the Minister’s consideration.

The Minister only intervenes in limited circumstances. The Department of Home Affairs has not published any recent statistics on Ministerial Interventions. The most recent and publicly available statistics are from 2012/13 which shows that the Minister intervenes in 26% of cases under s417 of the Migration Act 1958 and 44% of cases under s357 of the Migration Act 1958.

It is important to note that the Minister is not legally obliged to intervene nor consider applications for Ministerial Interventions and only a small number of applications are successful. Your prospects for a successful Ministerial Intervention request will vary depending on your personal circumstances.

Talk to us today for a comprehensive assessment of your Ministerial Intervention options.

We know how important it is for you to understand the details and requirements for an appeal. Our knowledgeable and experienced team at Migration Affairs is here to help you.

FAQs

When do I have to lodge my review application to the AAT?

The length of time you will have to lodge your AAT application will depend on the type of decision you get from the Department (for example a refusal or cancellation) and the method in which you receive the decision (for example by email or post). The Department’s letter will state the length of time you have to submit your review application. It is important that you lodge your review application within the set timeframe, otherwise, you could lose your review rights.