Appeals & reviews

 

Administrative Appeals Tribunal

A review application to the AAT is based on the merits of an application. The Tribunal member will 'step into the shoes' of the Department of Immigration and Border Protection, and consider the visa application afresh. The AAT has the power to overturn a decision or make a more favorable decision for the review applicant.

Unlike other courts of law, the AAT is an informal appeals process where review applicants are given the opportunity to appear before a single Tribunal member and present their case in a personal manner. Our Accredited Immigration Law Specialist has appeared before the AAT on countless matters, and are able to advise, assist and represent you in an AAT appeal.

Federal Circuit Court

An application to the Federal Circuit Court can only be done where there has been an error of law. This is a very complex and technical area of law, and is not based on the individual merits of the case. Any application to the FCC should only be made with proper legal advice, as often the costs for applying can be very high.

Ministerial Intervention

A ministerial intervention application is one made directly and personally to the Minister of Immigration and Border Protection or to an appointed delegate on the Minister's behalf to have a matter reconsidered on discretionary grounds. The Minister may only be accessed, however, after a decision has been considered by the AAT under a review process. All matters are considered on a case-by-case basis, and the Minister will only exercise their discretion in unique and exceptional circumstances.