A Complete Guide to AAT Appeals After a Visa Refusal

What to Do When Your Australian Visa Is Refused and How to Appeal Through the AAT

Having your Australian visa refused is undoubtedly stressful, but it's not the end of your journey. If you’re eligible, you may be able to challenge the decision through the Administrative Appeals Tribunal (AAT) — a legal avenue that gives applicants a second chance to present their case.

This comprehensive guide covers everything you need to know about the AAT appeal process: what it is, how it works, eligibility, timelines, and how to build a compelling case for a successful outcome.

What Is the AAT?

The Administrative Appeals Tribunal is an independent body that reviews decisions made by the Department of Home Affairs. The AAT does not issue visas but can:

  • Affirm (agree with) the original decision
  • Set aside and replace the decision with a new one
  • Remit (send back) the case to the Department for reconsideration

Who Can Appeal a Visa Refusal to the AAT?

You may be eligible to appeal if:

  • You were in Australia at the time your visa was refused or cancelled
  • The refusal letter states you have appeal rights
  • You lodge your appeal within the specified 21–28 day timeframe

Note: Not all decisions are reviewable. Double-check your refusal notice or speak with a registered migration agent to confirm your rights.

Helpful reading: What To Do After a Visa Refusal | AAT Appeals Explained

How to Lodge an AAT Appeal

1. Submit Your Application Online

Visit the AAT website to lodge your review. You’ll need to:
- Fill in your details
- Upload your refusal letter and supporting documents
- Pay the required fee (reduced for concession holders)

2. Prepare Additional Evidence

After lodging, you’ll likely be invited to submit further documentation and attend a hearing. Use this opportunity to strengthen your case with:
- Updated statutory declarations
- Clarified or corrected evidence
- Additional supporting documents such as police checks, medicals, or financial proof

Related guide: Visa Document Checklist

3. Attend Your Hearing (If Applicable)

Not all cases require a hearing, but if yours does, it’s your chance to speak directly with a tribunal member. You can bring legal representation or a registered migration agent.

Common Mistakes to Avoid in an AAT Appeal

❌ Lodging late — strict deadlines apply

❌ Not addressing the original refusal reasons in your new evidence

❌ Relying on the same documents without improvements

❌ Providing inconsistent or contradictory information

More help: Top Reasons Your Visa Might Be Refused — And How To Avoid It

What Happens After the AAT Makes a Decision?

There are several possible outcomes:

Favourable: Your case is remitted or a new decision is substituted — great news!

⚠️ Unfavourable: You may consider a Judicial Review if a legal error occurred, or explore other visa options

Explore: How to Choose the Right Australian Visa Subclass

Need Help with Your Appeal?

Our experienced team supports applicants through the AAT process every step of the way. We:
- Evaluate your refusal and assess your options
- Draft effective submissions and personal statements
- Help you prepare for hearings with clarity and confidence

Book your free consultation today to avoid costly mistakes and strengthen your appeal.

Disclaimer

DISCLAIMER: This article provides general guidance and does not constitute legal advice. For personalised support, contact a registered migration agent or visit the Administrative Appeals Tribunal.