Ruqayyah Snyder
Applying for a review of a decision made by a government department, agency or organisation in Australia can be done through the AAT online service. The online form depends on the type of decision you want to be reviewed. For example, if you want to apply for a review of a Migration and Protection decision made by the Department of Home Affairs, you can do so online unless specified otherwise. If you want to ask the Tribunal to suspend the operation of the decision, you must fill out a Request for Stay Order form, which can be uploaded online or lodged in person, by post, or by email.
How to apply for AAT in Australia
| Characteristics | Values |
|---|---|
| Application method | Online, in person, by post, or by email |
| Application fee payment methods | Visa or MasterCard |
| Application language | English |
| Application form | B1 – Application for review |
| Application status | Save and return to the application later |
| Application assistance | Interpreter, legal assistance, or accessibility services |
| Application review | Decisions made by the AAT are considered valid and final, subject to any appeal to a court |
| Application appeal | Refer to the decision notification letter |
| Application status | Check the status by logging in with the same details used for the application |
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What You'll Learn
Visa refusal decisions
If your visa application to Australia has been refused, you will receive a refusal letter outlining the reasons for the decision. You can appeal this decision by lodging an application for review with the Administrative Appeals Tribunal (AAT). The AAT is an independent merits review tribunal that reviews the Department of Home Affairs' decisions within its jurisdiction. The AAT can review the facts, law, and policy aspects of the original decision, as well as any new information that was unavailable to the original decision-maker.
To appeal a visa refusal decision to the AAT, you must complete and lodge an 'Application for Review' form and pay the application fee within the specified time frame mentioned in your refusal letter. The time limit to apply for a review is usually 28 days after receiving the decision. The AAT application fee is $3,496 (as of 01 July 2024), but it may be reduced by 50% if the full payment would cause severe financial hardship. While your AAT application is being processed, you may be able to stay in Australia and work, depending on the conditions of your current visa or bridging visa.
If your offshore visa was refused, you may not have any AAT review rights. In this case, you may need to lodge another application with additional supporting evidence and legal submissions addressing the refusal. If your visa refusal falls within the AAT's jurisdiction, the tribunal has the power to review the decision.
After the AAT reviews your case, there are three possible outcomes: Affirm, Vary, or Set Aside and Remit. If the AAT 'Affirms', they agree with the department's decision, and the refusal stands. If the AAT 'Varies', they disagree with the decision and send your application back to the Department of Immigration with new instructions and recommendations for further assessment. If the AAT 'Sets Aside and Remits', the matter is sent back to the decision-maker to make a new decision. If the outcome of the AAT review is 'Affirm', you have two options: you can apply to the Federal Court in limited cases where there was a legal error, or you can request ministerial intervention by providing compelling reasons for the minister to grant your visa.
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Application fees
To apply for a review of a decision about a government department, agency or organisation in Australia, you must complete the application form in English. You will need a Visa or MasterCard if you need to pay an application fee. The online form you use for the application depends on the type of decision you want to be reviewed. The AAT will ask you a few questions to help you find the right form.
For instance, you will be asked who made the decision you would like reviewed, and whether your decision has already been reviewed by a Centrelink Authorised Review Officer or Centrelink Subject Matter Expert. Your decision must first be reviewed by an Authorised Review Officer or Subject Matter Expert at Centrelink. You must then contact Centrelink to request this review. Similarly, your decision must first be reviewed by an Objections Officer from Child Support (Services Australia). You must then contact Child Support at Services Australia to request this review.
If you want to ask the Tribunal to suspend the operation of the decision, you must fill out a Request for Stay Order form. You can upload the completed form on the Documents page of the online application form. Alternatively, you can lodge the form in person, by post, or by email. If you are unable to complete your application in one session, you can save your progress and return to it later.
If you are applying for a review of a Migration and Protection decision made by the Department of Home Affairs, you cannot use this form unless your decision letter states that the decision was made under section 5H(2), 36(1C), 36(2C), or 501 of the Migration Act 1958. If your application concerns a visa refusal, cancellation, or mandatory visa cancellation, you will be asked whether the decision was made on character grounds under the Migration Act 1958. If so, you cannot currently apply online for a review of this type of decision. Instead, you must complete a B1 – Application for review or refer to the AAT website for other ways to apply for review.
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Request for Stay Order form
To apply to the Administrative Appeals Tribunal (AAT) in Australia, you must complete the application form in English and pay an application fee using Visa or MasterCard. The AAT allows individuals or organisations to apply for a review of a decision made by a government department, agency, or organisation.
If you wish to request that the Tribunal suspend the operation of a decision, you must complete a Request for Stay Order form. This can be done by uploading the completed form on the Documents page of the online application form. Alternatively, you can submit the form in person, by post, or by email.
The Request for Stay Order form can be used to ask the Tribunal to suspend the operation of a decision while a review takes place. This means that the decision will not be implemented or enforced until the Tribunal has completed its review. It is important to note that not all decisions can be stayed, and the Tribunal will consider the potential impact on all parties involved before making a determination.
When completing the Request for Stay Order form, you will need to provide information about the decision you wish to be stayed, including any relevant documents or evidence. It is important to ensure that your form is completed accurately and comprehensively to ensure the Tribunal has all the information it needs to make a decision. Additionally, you may be able to access extra help with your Tribunal case, including an interpreter, legal assistance, or accessibility services.
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Online application process
The Administrative Appeals Tribunal (AAT) in Australia allows individuals to apply online for a review of most types of decisions the Tribunal can review. The online form you use for the application depends on the type of decision you want to be reviewed.
To start the online application process, you will need to create an account on the AAT website. You can use the same account for each new application you make to the Tribunal. However, if you choose to continue without creating an account, you will not be able to log in to see your application or any documents you have sent.
Once you have an account, you will be asked a few questions to help determine the right form for your application. These questions will include:
- Who made the decision you would like to be reviewed?
- Has your decision been reviewed by either a Centrelink Authorised Review Officer or Centrelink Subject Matter Expert?
If your decision has not been previously reviewed, you must first request a review by an Authorised Review Officer or Subject Matter Expert at Centrelink or an Objections Officer from Child Support (Services Australia), depending on the type of decision.
During the application process, you have the option to save your progress and return to it later. If you need more information or assistance with the online application, you can call the AAT or refer to their website for further guidance.
Please note that if you are applying on the last day of a time limit, your application must be received by the relevant deadline (midnight local time within Australia or midnight Australian Capital Territory local time if applying from outside Australia). In some cases, you may be able to apply for an extension of time. A fee may be payable for reviews of certain decisions, which can be paid by Visa or MasterCard when you apply online.
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Decision review
When applying for a decision review in Australia, you must complete the form in English and provide a valid email address. You will also need a Visa or MasterCard if there is an application fee. This form can be used to request a review of a decision relating to a government department, agency, or organisation.
It's important to note that there are certain types of decisions that cannot be reviewed through this process. For instance, you cannot use this form to request a review of a Migration and Protection decision made by the Department of Home Affairs (unless specified under particular sections of the Migration Act 1958). Similarly, this form cannot be used for the initial review of Centrelink, Paid Parental Leave, or Child Support decisions. Decisions made by the National Disability Insurance Agency also fall outside the scope of this form.
However, an individual or organisation can use this online form to seek a review of multiple related decisions simultaneously. If the decisions are unrelated, separate online applications must be submitted for each decision.
During the review process, the original decision typically remains in operation unless the Tribunal orders its suspension ('stay'). If you wish to request such a suspension, you must complete a Request for Stay Order form, which can be uploaded on the Documents page of the online application form or lodged in person, by post, or by email.
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Frequently asked questions
AAT stands for Administrative Appeals Tribunal.
You can apply online by filling out a form. The form you use depends on the type of decision you want to be reviewed. You can also apply by post or email.
You can contact the AAT for assistance with your application. You may also be able to get extra help with your case, including an interpreter, legal assistance, or accessibility services.
