Arbitration Appeal

In immigration cases, arbitration is handled by the Administrative Appeals Tribunal (AAT) in Australia. Applicants dissatisfied with decisions made by immigration officers can lodge an appeal to have their case reviewed by the tribunal.

Appeal Rights

Cases eligible for appeal to the AAT generally fall into two categories: visa refusals and visa cancellations. Not all applications have the legal right to appeal.
No Right to Appeal: Applicants who submitted their visa application from outside Australia typically do not have the right to appeal.
Right to Appeal: Applicants within Australia, sponsors who are Australian citizens or permanent residents, and Australian employers typically have the right to appeal.

Appeal Process

• Submit an Appeal: Lodge a valid appeal application to the AAT within the specified timeframe and pay the appeal fee. (If the appeal is successful, half of the fee will be refunded. If unsuccessful, the fee is non-refundable.)
• Acknowledgment and File Number: The AAT will send a confirmation letter to the applicant with a case file number. The tribunal will also notify the Department of Home Affairs to provide relevant application materials.
• Waiting Period: The case enters a waiting period.
• Hearing: The AAT begins reviewing the case.
• Provide Evidence: The AAT may invite the applicant to submit written evidence or attend a hearing.
  
  
• Decision Notification: The AAT makes a decision based on the provided evidence and notifies the applicant in writing.

Possible Appeal Outcomes

The AAT can overturn the decision made by the Department of Home Affairs, but it does not have the authority to issue visas or make new decisions itself. The tribunal’s decisions generally fall into three categories:

Affirm: The AAT agrees with the decision made by the Department of Home Affairs to cancel or refuse the visa. The decision stands.

Set aside: The AAT finds that the decision to cancel or refuse the visa was incorrect and makes a favorable decision under immigration law.

Remit: The AAT sends the case back to the Department of Home Affairs for reconsideration, along with legal instructions. The immigration officer will then reassess the application based on the tribunal’s recommendations.