Administrative Appeals Tribunal (AAT) – Migration and Refugee Division (MRD)

The Deputy President of the AAT Migration and Refugee Division, Jan Redfern, has provided updates on the operation of the Migration and Refugee Division (MRD) including:

  • In person hearings are resuming in a limited capacity across Australia except in Victoria.
  • The MRD uses its discretion in assigning cases to face to face, online or telephone format hearings
  • Applicants have the discretion to object to telephone or online hearings but this will delay the matter being heard
  • Members and/or applicants have the discretion to request that a hearing be adjourned if they feel the format  of the hearing is not in the interests of the applicant and to be reconvened face to face at a later date
  • Complex cases and those where mental health or credibility issues are involved are generally convened in face to face formats
  • There were 63,000 cases in the queue as at 30 June 2020
  • From the end of March to 30 June 2020 – 500 decisions were expedited
  • In the last financial year 1,500 cases were decided ‘on the papers’
  • 2,000 more cases than projected have been decided during the pandemic lockdown
  • Victorian cases are providing a challenge, as those case files have not been digitised and are difficult to access, particularly for overseas partner cases.
  • The number of full time equivalent tribunal members has not increased since 2015 although some recruitment is currently underway
  • 49% of the MRD’s 63,000 active cases have an Registered Migration Agent (RMA) representative
  • 3,511 RMAs are representing which is 49% of cases in the MRD.

📌 If you require advice and assistance with your AAT appeal, please contact us today so we can help

Nevett Ford Lawyers Melbourne

📞: +61 396 147 335


Australian Visa Update: Administrative Appeals Tribunal (AAT) resumes ‘in-person’ hearing from migration matters

The AAT is mindful that hearing matters remotely is not always practical in some circumstances and where the matter may not be deferred.

The AAT is taking steps to resume limited in-person hearings in the Adelaide, Brisbane, Canberra, Hobart, Perth and Sydney registries.

The AAT will consider list in-person hearings on a case-by-case basis in accordance with the AAT’s practice directions.

In appropriate matters, in-person hearings are expected to commence within the next few weeks. Parties will be contacted by the Tribunal as to hearing arrangements.

Most AAT hearings and all AAT conferences will continue to be conducted remotely by video conference or telephone for some time.

📌 Need help and assistance? Contact us today so we can help

Nevett Ford Lawyers Melbourne
📞: +61 396 147 335

Visa Refused?

Nevett Ford Immigration Lawyers Can Represent You At The Administrative Appeals Tribunal (AAT) And Attend Your Hearing

If your application for a visa to visit, enter or stay in Australia is refused, you may be able to appeal the decision. Similarly, if you have held a visa to stay in Australia and the visa has been cancelled, you may be able to appeal that decision to cancel your visa.

The Administrative Appeals Tribunal (AAT) is the merits review body for most administrative decisions by the Federal Government. In 2015, the operations of the Migration Review Tribunal (MRT) and Refugee Review Tribunal (RRT) were absorbed into the Migration Division of the AAT. In the Migration Division, the AAT operates as a non-adversarial tribunal to review decisions by the Department of Immigration. This means that you can be represented by an Immigration Lawyer.

Decisions are made by a tribunal Member who will review the Department of Home Affair’s decision and the facts of your situation. Appealing an adverse decision is complex and involves making an application to the Migration and Refugee Division of the Administrative Appeals Tribunal (the AAT).

If you have been refused a visa, it is very important to pay careful attention to the notice of the refusal, it includes the detailed reasons for the refusal and what requirements you were not able to fulfil. The importance of taking notice of this information cannot be overstressed. If you have the legal right to make an appeal, the notice will state this.

The time limit within which you must lodge an appeal to the AAT for review is strictly limited and must be adhered to otherwise the application will be rejected. The period for making an appeal will depend on the decision sought to be reviewed.

The process and procedures for making an appeal to the AAT is complex and legal advice and assistance from an Immigration Lawyer is highly recommended. You should consider seeking legal advice immediately if thinking about taking the appeal option.

If you are the applicant of a decision involving a visa refusal or cancellation – talk to us for help with making an appeal.

Remember that there are strict time limits for lodging an appeal to the AAT from the day you are given notice of the decision; you must act promptly if you want to appeal. The lawyers at Nevett Ford Lawyers can lodge this on your behalf.

We have represented clients successfully at the AAT on many occasions. If you would like advice and assistance in making an appeal for your refusal or cancellation, please book a consultation with one of our migration advisors. In the consultation we can give you an indication of the overall prospects of success and likely issues in your case, as well as any alternative visa pathways.

When seeking a review at the AAT, it is imperative that you do not make the same mistakes that you made in your visa application, as this may be your last chance to attempt to approve your visa.

Speak with one of our experienced immigration lawyers today

Nevett Ford Lawyers Melbourne

📞: +61 396 147 335