Decision Record Reviews
Administrative Appeals Tribunal (AAT)
Merits review is an administrative reconsideration of a case. A merits review body makes decisions within the same legislative framework as the primary decision maker, and may exercise all the powers and discretion conferred on the primary decision maker.
The tribunals are usually constituted by a single member. The tribunal have the power to affirm the primary decision, vary the primary decision, set aside the primary decision and substitute a new decision, or remit (return) a matter to the department for reconsideration with specific directions.
In reviewing a decision to refuse or cancel visa, the tribunals are required to conduct a merits review that is 'independent, fair, just, economical, informational and quick'. We aim to make the correct decision in individual cases, and to influence decision-making through quality and consistence of our decisions.
The AAT Reviews a wide range of decisions including visa related decisions.
The AAT can help you by reconsidering your case and making a finding in relation to it.
The AAT has the power to:
- overturn or remit a decision
- Substitute another decision
- return the case to the Department of Immigration ("Department") for reconsideration, or
- Affirm the original decision
The AAT must follow immigration law. Therefore, it does not have the power to grant a visa where the applicant does not meet all requirements for the visa.
You must be in Australia when you apply.
Click the button below if you wish to appeal your recent refusal/cancellation to the AAT.
The AAT also reviews decisions in relation to protection Visas.
The AAT will assess all the information in your case and make a new decision about whether you are owed by Australia.
The AAT can make a different decision to the Department of Immigration.
Click below if you would like to read more on the AAT Information
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