What is Administrative Appeal Tribunal & Ministerial Intervention?
The AAT is an independent body in Australia that reviews government decisions, including immigration-related ones like visa denials or cancellations. It offers a way to challenge these decisions and get a fair review. In the context of immigration, the AAT can review decisions made by the Department of Home Affairs, such as visa refusals or cancellations. If an individual or a business believes that a decision made by the department is unfair or incorrect, they can apply to the AAT to review that decision. The AAT’s decisions can affirm, vary, or set aside the original decision.
While Ministerial Intervention provides a pathway for individuals to request the Minister for Immigration’s personal consideration in cases where compelling and compassionate circumstances exist. This mechanism can offer hope even when all other options seem exhausted.
Basic Requirements
To be able to make an Administrative Appeal Tribunal & Ministerial Intervention request, here are the basic things:
- You must have received an adverse decision from the Department of Home Affairs.
- Your situation should fall within the scope of AAT’s or Ministerial Intervention’s jurisdiction.
- For a Ministerial Intervention request, you will first need to have a negative decision from the Tribunal (which includes the AAT, the former Refugee Review Tribunal (RRT), the former Migration Review Tribunal (MRT) or the former Immigration Review Tribunal or Migration Internal Review Office).
Eligibility Criteria
For Administrative Appeal Tribunal (AAT):
- After receiving the initial decision, you must lodge your appeal within the specified timeframe.
- Your appeal must be based on valid grounds, such as facts, law, or procedure errors.
For Ministerial Intervention:
- Your case must demonstrate compelling and compassionate circumstances.
- You should provide substantial evidence supporting your claim.
Checklist
- Collect all relevant documents and evidence related to your case.
- Clearly outline the errors in the initial decision or the compelling circumstances for Ministerial Intervention.
- Present a well-structured, comprehensive argument.
- Ensure your application is lodged within the prescribed timeframe.
You can consult our Migration expert to assess your Ministerial Intervention options comprehensively.
Benefits
Expert Guidance: Our team of expert and experienced migration agents and legal experts specialises in navigating AAT and Ministerial Intervention processes.
Personalised Strategies: We make personalised strategies to strengthen your case and increase your chances of a favourable outcome.
Streamlined Process: We handle all the paperwork, submissions, and communication, easing the burden on you.
Increase your Chances of Success: Our experts help you at each and every step, ensuring timely processing and proper documentation, ultimately increasing your chances of success.
FAQs
Can I appeal any decision to AAT?
Not all decisions are eligible for appeal. Our migration agents can assess your situation to determine your eligibility.
Do I need professional assistance for AAT and Ministerial Intervention?
While it’s not mandatory, our experienced team can significantly enhance your chances of success by navigating the complexities of these processes. Our registered migration agents can provide counsel over any unfavourable outcome of a visa application that you come across. We can represent you at the Administrative Appeal Tribunal (AAT) by appealing for reviewing a decision.