Immigration Lawyers › Visa Refusal & AAT Appeal
Visa Refusal & AAT Appeal Lawyers — 28 Days. Act Now.
A visa refusal from the Department of Home Affairs is not necessarily the end. Most refusals can be reviewed by the Administrative Appeals Tribunal (AAT) — but the application must be lodged within 28 days of the decision. This is a jurisdictional deadline: miss it and there is no appeal, no extension, and no discretion. If your visa has been refused, get immigration legal advice today.
⚠ The AAT review deadline runs from the date of the decision — not the date you received the letter. Postal delay reduces the time you actually have. Do not wait. Get advice immediately.
What We Help With
Visa refusal appeals — every visa class, every stage.
A lawyer assists at every stage of a visa refusal matter — from assessing AAT review prospects immediately after refusal through to Federal Court judicial review and ministerial intervention applications.
AAT Merits Review Application
Lodging the AAT review application within the 28-day deadline, preserving bridging visa status, and beginning the process of preparing submissions and evidence for the review.
AAT Hearing Preparation
Preparing written submissions, gathering supporting evidence, coaching the applicant for the hearing, and presenting the strongest possible case to the Tribunal member.
Partner Visa Refusal Appeals
Partner visa refusals are among the most common AAT review matters — often involving disputes about the genuineness of the relationship. Gathering comprehensive relationship evidence is critical to the review outcome.
Student Visa Refusal Appeals
Student visa refusals for failing the genuine temporary entrant (GTE) criterion or financial capacity requirements. The AAT reviews the Department's assessment of these subjective criteria on the full merits.
Federal Court Judicial Review
Where the AAT decision contains a legal error or jurisdictional error, judicial review in the Federal Court of Australia can set aside the decision and remit the matter for reconsideration. 35 days from AAT decision.
Ministerial Intervention (s417)
After an adverse AAT decision, a request to the Minister for Home Affairs to exercise personal intervention power (s417) on unique or exceptional circumstances grounds — a last resort outside the usual review pathway.
What the Law Says
AAT merits review — how the process works.
The AAT's Migration and Refugee Division conducts a full merits review of most visa refusal and cancellation decisions. It stands in the shoes of the Department — reconsidering all the facts and law afresh — and can substitute a different decision.
What "merits review" means — a fresh assessment
The AAT does not simply review whether the Department made the correct decision on the material before it — it reconsiders the entire matter afresh, on all the evidence available at the time of the Tribunal hearing. This means new evidence that was not before the Department when it made the refusal decision can be presented to the Tribunal. A successful merits review can produce a grant of the visa — even where the original application was deficient — if the Tribunal is satisfied the criteria are now met.
Bridging visa status during review
An applicant who lodges an AAT review application within the merits review period while onshore in Australia is generally entitled to a Bridging Visa A (BVA). The BVA allows the applicant to remain in Australia lawfully while the review is pending — which can take 12–24 months or longer. If the applicant does not lodge within the review period, they become an unlawful non-citizen and are subject to mandatory detention. This is why lodging within the 28-day period — even before full submissions are prepared — is always the priority.
The hearing — what happens at the AAT
Most AAT review hearings involve the applicant giving oral evidence to a Tribunal member, supplemented by written submissions and documentary evidence prepared in advance. The hearing is inquisitorial — the Tribunal member asks questions — rather than adversarial in the way a court hearing is. A lawyer prepares the applicant for the questions likely to be asked, ensures the written submissions address the reasons for refusal directly, and attends the hearing as the applicant's representative.
Grounds for refusal — what the Department is assessing
Most visa refusals involve one of three issues: failure to meet a specific visa criteria (such as relationship genuineness for partner visas, or financial capacity for student visas); character grounds (a criminal record or association with criminal conduct); or a credibility finding by a case officer (the officer did not believe the applicant's claims). The AAT review addresses the specific ground of refusal — a lawyer ensures the review submission directly responds to the reason the Department refused.
Federal Court — when the AAT makes a legal error
If the AAT affirms the refusal, the applicant has 35 days to apply to the Federal Court of Australia for judicial review. The Federal Court does not conduct a merits review — it only intervenes where the AAT made a jurisdictional error (for example, asked itself the wrong legal question, or failed to consider a relevant matter). If the Court finds an error, the decision is set aside and the matter is remitted to the AAT for reconsideration. Federal Court proceedings require experienced immigration counsel.
Which visas attract AAT merits review?
Not all visa classes attract AAT merits review — the right to AAT review must be conferred by the Migration Act or Regulations. Partner visas, student visas, skilled visas, and most temporary visas attract review. Some visa classes — including certain protection visas decided by the Immigration Assessment Authority (IAA) rather than the AAT — have a different, more limited review process. A lawyer identifies whether AAT merits review is available for your specific visa subclass and the applicable time limit.
How It Works
One request. Immediate AAT review advice.
Tell us the visa subclass refused, the date of the decision, and your current status. An immigration lawyer will assess your review prospects and deadline — urgently.
Submit Your RequestTell us the refusal details
Tell us the visa subclass refused, the date on the decision letter, your current location (onshore or offshore), and the reason given for refusal. Include the review deadline if stated.
Matched to an immigration specialist
Your request is matched to a registered migration agent or immigration lawyer experienced in AAT review proceedings for your visa class.
Urgent assessment and lodgement
A lawyer assesses review prospects and, if the deadline is imminent, lodges the AAT application immediately to preserve your status — submissions can follow once you are protected.
Common Questions
Visa refusal appeals — frequently asked questions.
I missed the 28-day AAT deadline — is there anything I can do?
Very little, in most cases. The 28-day period for AAT review is a jurisdictional requirement — the AAT cannot accept a late application regardless of the reason for the delay. Where the deadline has been missed, the options that remain include: applying for a new visa (if a suitable visa is available); applying for a bridging visa if unlawful status needs to be regularised; seeking ministerial intervention (s417); or — in exceptional circumstances where there is a legal error in the original decision — applying to the Federal Court. A lawyer advises on what options remain in your specific situation.
Can I work while my AAT review is pending?
It depends on the conditions of the bridging visa you hold during the AAT review period. Bridging Visa A (BVA) conditions vary — some include work rights, others require a separate application for work entitlement. If your substantive visa included work rights, the bridging visa may have the same work conditions. Where work rights are not included, a separate application to vary the BVA conditions can be made. A lawyer confirms your specific BVA conditions and advises on how to obtain work rights if needed.
My visa was refused because the officer didn't believe me — can the AAT overturn this?
Yes. AAT merits review is a full reconsideration — including credibility findings. If the Department officer found your evidence or claims not credible, you have the opportunity to provide additional evidence, clarify inconsistencies, and give oral evidence to the Tribunal member at the hearing. Credibility findings from the Department do not bind the Tribunal — the Tribunal makes its own assessment of credibility based on all the evidence before it. A lawyer prepares submissions that address the specific credibility concerns raised and gathers corroborating evidence.