Visa Refused? How to Appeal to the AAT

A visa refusal is not necessarily the end of your Australian migration journey. In many cases, you have the right to seek a merits review at the Administrative Appeals Tribunal (AAT), an independent body that can set aside or vary the Department of Home Affairs' decision. Acting quickly is critical: AAT appeal deadlines are strict, and missing them forfeits your right to review.

What is the AAT?

The Administrative Appeals Tribunal (AAT) is an independent body that reviews administrative decisions made by Australian government agencies, including visa refusals and cancellations by the Department of Home Affairs. An AAT review is a full merits review, meaning the AAT considers all evidence and can reach a different decision from the original decision-maker.

Which Visa Decisions Can Be Appealed?

•  Student Visa (500) refusals, most student refusals are AAT-reviewable

•  Partner Visa refusals (820, 309, 801, 100)

•  Skilled Migration refusals (189, 190, 491, 482, 186)

•  Family visa refusals (parent, remaining relative)

•  Visa cancellations (student, partner, skilled)

•  Visitor Visa refusals, limited review rights; some are non-reviewable

AAT Appeal Timeframes: Act Fast

•   Most refusals: 21 days from notification to lodge AAT application

•   Cancellations: 21 days, or at the time of cancellation if in a detention/compliance context

•   Bridging Visa: Automatically granted when an AAT application is lodged (in most cases)

•   AAT processing time: 12–48 months, depending on complexity and visa type

Grounds for a Successful AAT Appeal

•   New evidence not available at time of original application

•   Procedural fairness failures by the original decision-maker

•   Misinterpretation of migration legislation or policy

•   Weight of evidence supports a different credibility finding

•   Changed circumstances since the original decision

Cost of an AAT Application

•   Application fee: AUD 3,347 (2024–25) refunded 50% if AAT decides in your favour

•   Agent/legal fees for AAT representation: AUD 3,000–15,000+ depending on complexity

Why Choose Gemini for Your AAT Appeal?

AAT migration appeals require a registered migration agent (MARN) with specific experience in merits review. Gemini's agents analyse the refusal decision, identify the strongest grounds for review, compile additional evidence, and represent you before the Tribunal.

Competitor Gap Summary

•   Trust signals: No reviews or testimonials on the current site, fix immediately

•   Human face: No named advisor or founder visible, add consultant profiles

•   Interactive tools: The points calculator and visa finder quiz are missing. high priority

•   Occupation-specific content: 'PR for Nurses', 'PR for IT professionals', major traffic opportunity

•   Mumbai BKC office: Leverage the Indian student market positioning explicitly in content