Receiving a visa refusal from the Department of Home Affairs can be disheartening — but it doesn’t necessarily mean the end of the road. In many cases, you may have the right to appeal the decision through the Administrative Appeals Tribunal (AAT).
This article explains how AAT reviews work, who is eligible, how to lodge an appeal, and what steps you can take to build a strong case. If you’ve recently received a refusal or want to prepare for any outcome, this guide will help you feel confident about your next move.
The AAT is an independent body that reviews decisions made by the Department of Home Affairs. While it doesn't issue visas, it can overturn a decision if it finds that an error was made in the original assessment.
The AAT can:
- Affirm the Department’s decision (agree with it)
- Vary the decision
- Set aside the decision and substitute a new one
- Remit the case back to the Department for reconsideration
Learn more: A Complete Guide to AAT Appeals After a Visa Refusal
You may be eligible to appeal to the AAT if:
- You were in Australia at the time the visa was refused or cancelled
- Your visa refusal letter includes appeal rights
- You lodge your appeal within the set timeframe (typically 21–28 days)
Always check the refusal notice carefully and consult a migration agent if you’re unsure.
Helpful resource: What To Do After a Visa Refusal
You must apply online through the AAT website and pay the required fee. Late submissions are usually not accepted.
Strengthen your submission by:
- Addressing the reasons for the refusal directly
- Providing new or updated evidence (e.g. statutory declarations, financial statements, health checks)
- Ensuring all information is consistent and well-organised
Get started: Visa Document Checklist
If your case progresses to a hearing, you’ll have the opportunity to present your case in person (or via video) to a tribunal member. You can be represented by a migration agent or legal advisor.
Avoid these: Top Reasons Why Australian Visa Applications Get Denied
The AAT may take several weeks or months to deliver a decision. You will be notified in writing. The outcome could be:
✅ Successful: The matter is sent back to the Department for a new decision
❌ Unsuccessful: You may consider a Judicial Review or alternative visa options
Explore options: How to Choose the Right Australian Visa Subclass
If you're unsure how to approach your appeal, you're not alone. Our team has helped countless applicants successfully challenge visa refusals by:
- Reviewing refusal letters and outlining strategy
- Preparing evidence bundles and written submissions
- Coaching clients for hearings
Book your free consultation today to give yourself the best chance at success.
DISCLAIMER: This article is intended for informational purposes only and does not constitute legal advice. For specific guidance, consult a registered migration agent or visit the Administrative Appeals Tribunal.
