Appeals and Review Applications (AAT)

Professional assistance for visa refusals and cancellations

Challenge Visa Refusals and Cancellations

If your visa has been refused or cancelled, you may have the right to review the decision at the Administrative Appeals Tribunal (AAT). At Nestway Immigration, we provide professional assistance in preparing and lodging AAT review applications, ensuring your case is presented accurately and effectively while guiding you through each stage of the review process.

When Can You Appeal?

You may be able to appeal to the AAT if:

Your visa application was refused
Your visa was cancelled
You disagree with a decision about your sponsorship or nomination
You were refused a visa on character grounds

The AAT Review Process

The Administrative Appeals Tribunal reviews decisions made by the Department of Home Affairs:

Time Limits

You typically have 21 days from the date of your refusal letter to apply for review (7 days if you're in immigration detention).

Merits Review

The AAT conducts a fresh review of your case and can consider new evidence not previously available.

Possible Outcomes

The AAT can affirm, vary, or set aside the original decision and substitute a new decision.

Our Appeal Process

We guide you through every step of the AAT review process:

Initial Assessment

We review your refusal/cancellation letter and assess your prospects of success.

Application Preparation

We prepare a comprehensive application addressing all issues in the refusal/cancellation.

Evidence Gathering

We help collect additional evidence to strengthen your case.

Lodgement

We submit your application within the strict time limits.

Hearing Preparation

We prepare submissions and coach you for the AAT hearing.

Representation

We represent you at the hearing and advocate for your case.

Our AAT Review Services

We provide comprehensive support for all types of immigration appeals:

Skilled Visa Refusals: Addressing issues with skills assessments, points calculations, or eligibility criteria.
Partner Visa Refusals: Responding to concerns about genuine relationships or documentation.
Student Visa Refusals: Challenging GTE (Genuine Temporary Entrant) refusals or other issues.
Character Cancellations: Representing clients facing visa cancellations under section 501.
Employer Sponsorship Issues: Appealing decisions about nominations or sponsor approvals.
Ministerial Intervention Requests: Preparing compelling cases for ministerial intervention when all other options are exhausted.

Start Your Appeal Application

Frequently Asked Questions

Common questions about AAT appeals and reviews:

How long does the AAT process take?

Processing times vary by visa type but typically range from 6-18 months. Some complex cases may take longer.

Can I stay in Australia while my appeal is being processed?

In most cases, yes. If you applied for review within the required timeframe, you'll typically hold a bridging visa while waiting for the outcome.

What are my chances of success?

Success rates vary depending on the reasons for refusal and the strength of new evidence. We'll give you an honest assessment of your case.

Can I submit new evidence to the AAT?

Yes, one of the main advantages of AAT review is the ability to submit new evidence that addresses the reasons for refusal.

What if the AAT affirms the refusal?

Depending on your circumstances, you may have options including Federal Court appeal or Ministerial Intervention.

Do I need a lawyer for AAT?

While not mandatory, professional representation significantly improves your chances as we understand the legal requirements and can present your case effectively.