Merits Review – Visa Refusal and Cancellation
Should you have your visa application refused or have your visa cancelled, you may be able to seek review of that decision by the AAT (Administrative Appeals Tribunal).
Below is some information on the review process.
What is the AAT?
The Administrative Appeals Tribunal (AAT) is the merits review body which conducts review of decisions of the Department. Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) are divisions of the AAT.
Visa cancellation or Refusal on “character ground” are reviewed by the General Division of the AAT. Nikjoo Lawyers Principal Solicitor, Mr Fardin Nikjoo, is specialised in the review on character ground. Since late 2018 and to the time of writing, Mr Nikjoo has the success rate of 100%, five out of five cases he represented his clients and got their visas reinstated and released from immigration detention.
Merits Review of a Decision by the AAT
The AAT may reach a different conclusion and make a new decision based on the facts of your case. This means that the AAT look at your case afresh and can do three things. It may change in your favour the decision made by the Department, it may affirm the decision or may return the decision to the Department with a direction for reconsideration of the matter.
Limited Timeframe for Appeal to the AAT
Generally, you have certain number of days to lodge your application for review of an adverse decision to the AAT. If you miss any statutory time-limit, you then generally lose your chance to review