Merits Review Independent Statutory Tribunal
AAT Review Administrative Appeals Tribunal
What Is the AAT?
The Administrative Appeals Tribunal (AAT) is an independent statutory body that reviews decisions made by Australian government agencies, including visa decisions made by the Department of Home Affairs. For migration matters, the AAT sits as the Migration and Refugee Division (MRD).
The AAT conducts a merits review meaning it examines the decision afresh, on the facts and law as they stand at the time of the review hearing, not merely at the time of the original decision.
This is a significant advantage: new evidence and changed circumstances can be put before the Tribunal. The AAT is not bound by the Department's interpretation of the law it forms its own independent view.
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Fresh Review on the Facts
The AAT examines the decision afresh — on the facts and law as they stand at the time of the hearing, not at the time of the original refusal. Circumstances that have changed in your favour since the refusal can be put before the Tribunal.
New Evidence Permitted
Evidence that was not before the Department at the time of refusal can be submitted to the AAT. This includes new documents, updated records, additional statutory declarations, and witness evidence given at the hearing.
Independent of the Department
The AAT is not bound by the Department's interpretation of the law. It forms its own independent view on the merits. A departmental refusal is not the end — it is the beginning of a process the Tribunal conducts entirely on its own terms.
The Review Process
How the AAT Process Works
A standard AAT migration review follows a defined sequence of stages. Understanding each stage — and what is required of you at each point — is essential for a well-prepared application.
Lodgement
File your Application for Review within the statutory time limit and pay the required fee. Time limits are strict and non-negotiable — missing the lodgement deadline means the AAT has no jurisdiction to review your case. Act immediately upon receiving a refusal or cancellation decision.
Acknowledgement & Case Management
The AAT assigns a case number and may request additional documents from you or the Department. A case officer manages the administrative progression of your file through the Tribunal's system.
Departmental Submissions
The Department of Home Affairs provides its file and a written statement of reasons to the Tribunal. This gives you — and your representative — the opportunity to understand the precise basis of the refusal and to prepare targeted responses and evidence.
Applicant's Response
You (or your representative) may submit evidence, statutory declarations, and written submissions in response to the departmental statement of reasons. This is where the substance of your case is built — addressing the specific grounds of refusal with targeted evidence and legal argument.
Hearing
A Tribunal Member conducts an oral hearing. You may appear in person, by video, or by telephone. Witnesses may give evidence. The hearing is your opportunity to present your case directly to the Tribunal Member who will decide it.
Decision
The Tribunal issues a written decision. It may affirm, vary, set aside, or remit the original decision. The written decision sets out the Tribunal's findings of fact, its assessment of the evidence, and its conclusions on the law.
Hearing Preparation
What Happens at a Hearing?
AAT migration hearings are inquisitorial rather than adversarial. The Tribunal Member asks questions of the applicant and any witnesses. The Department may not always attend. This format places the applicant — and the quality of their evidence — at the centre of the process.
What You Must Prepare
- A truthful, consistent personal account that aligns precisely with your documentary evidence
- Corroborating documents — employment records, financial statements, relationship evidence, medical reports
- Statutory declarations from yourself and supporting witnesses
- Written submissions that address the specific grounds of the departmental refusal
- A registered migration agent or lawyer who can present legal arguments and manage the hearing
Why Preparation Is Everything
The AAT Member will question you directly. Inconsistencies between your oral evidence and your documents are the most common reason reviews fail. A truthful, consistent, and well-supported account prepared with professional assistance is the foundation of a successful AAT review.
Possible Outcomes
AAT Decision Outcomes
After the hearing, the Tribunal issues a written decision. There are three possible outcomes — each with different consequences for your immigration position.
Affirm
The Tribunal upholds the original refusal or cancellation. The Department's decision stands. Further options judicial review in the Federal Circuit and Family Court, or a Ministerial Intervention request — may still be available. Legal advice is essential at this stage.
Set Aside and Substitute
The Tribunal sets aside the original decision and substitutes its own granting the visa or lifting the cancellation. This is the outcome you are working toward. The Tribunal effectively steps into the Department's shoes and makes the decision the Department should have made.
Remit
The Tribunal sends the case back to the Department for reconsideration, with or without directions. The Department must then re-examine the application, taking into account the Tribunal's findings and any directions given.
Facing an AAT Review? Preparation Is Everything.
A departmental refusal is not the end. The AAT examines your case afresh — on the facts as they stand today. New evidence, changed circumstances, and a well-prepared hearing can succeed where a departmental application did not.
Start with our free tools to understand your current position, then speak with a Migration Republic MARA-registered agent about building the strongest possible case for your Tribunal review.
