Administrative Appeals Tribunal (AAT)
The Administrative Appeals Tribunal (AAT) can review some decisions about visas made by the Department of Home Affairs. The Migration Act 1958 and the Migration Regulations 1994 specify what decisions AAT can review.
The decision letter from the Department of Home Affairs will provide you whether AAT can review the decision or not and who can apply for a review. The time limit to lodge an application for a review varies depending on the type of decision.
The AAT will send you a letter in regard to the date, time and location of the hearing. You may submit the statement of your reasons with all relevant supporting documentation to the AAT before your hearing or you may present information and arguments at the hearing about the decision under review. The hearing is relatively informal and will be conducted by one Tribunal Member.
After the hearing, the AAT will generally make a decision. You will receive the decision at the end of the hearing or in writing at a later date.
Ministerial Intervention Request
You may under certain circumstances be able to make a request for Ministerial Intervention if you have received a negative decision by the Administrative Appeals Tribunal (AAT).
The Minister has powers under the Migration Act 1958 (in sections 351, 417 and 501J) to replace a decision of the AAT with a decision that is more favourable if the Minister thinks it is in the public interest to do so. The Minister is however not obliged to consider your case or to intervene in your case.
You must provide information about your circumstances and why you consider them to be unique or exceptional. You must include all relevant supporting documentation.
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