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AAT / MRT

Administrative Appeals Tribunal

Information About Hearing

All of your questions in relation to Migration Review AAT Lodgment answered on one page.

The Administrative Appeals Tribunal (AAT) conducts independent merits review of administrative decisions made under Commonwealth laws. We review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. We also review decisions made under Norfolk Island laws.

The AAT was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976.

The Migration Review Tribunal, Refugee Review Tribunal and Social Security Appeals Tribunal were amalgamated with the AAT on 1 July 2015.

Migration

What happens after lodgement?

What happens after I lodge my application?

We will send you a confirmation letter explaining what will happen next.

We will also notify the Department of Home Affairs (the Department) that we have received the application.

More information about what usually happens after you lodge your application can be found in the following documents:

You can also watch our video guide.

More information about the review of specific types of decisions can be found in our fact sheets.

What if we cannot review the decision?

We will write to you and give you an opportunity to tell us why you think we can review the decision. If it appears the application is not valid, we might decide that we have no jurisdiction to review the decision.

Can the review be processed as a priority?

You can ask us to process the review as a priority by writing to us, fully explaining your reasons and providing supporting evidence.

Find more information in the Prioritising Cases in Migration and Refugee Division President’s Direction.

Can I travel overseas during the review?

If you want to travel overseas you must contact us before making any travel arrangements to check the status of the review.

If you have questions about your ability to travel or re-enter Australia or whether travel might affect your eligibility for a visa, you should contact the Department of Home Affairs. We cannot give you advice or information about this.

Assurance of Support

If a visa application requires an Assurance of Support (AoS), you must provide evidence to us that an AoS has been lodged with Centrelink. We are not responsible for assessing an AoS.

You should tell us the outcome of the AoS assessment as soon as possible, including if your assurer has lodged an application for review about the Centrelink AoS decision.

Documents relevant to the review

The Department provides us with all the relevant files and documents relating to the decision under review.

Check how you can access to information and documents in relation to the review.

You can also give us new information that you think supports your case.

Pre-hearing

The review will be allocated to a Member who will decide how to proceed. The Member is the person who will make a decision about the review.

Before the hearing we might:

ask you to give us further information
invite you to comment on any information that we consider would be the reason, or a part of the reason, for not changing the decision under review
invite you to nominate other persons who could give evidence or suggest other evidence or materials we might obtain.

We might make a decision without inviting you to a hearing if the case can be decided in your favour based on the information we have.

Hearing

The hearing is an opportunity for you to present information and talk about why you disagree with the decision under review.

How long will the review process take?

The time it takes us to complete the review process depends on a range of factors, including the number of applications for review we receive, the number of members available to conduct reviews, the type of decision under review, the strategies we have in place for dealing with different caseloads, and the complexity of the review. Applications for reviews in the Migration and Refugee Division have more than doubled in recent years (see our Statistics). We have not been able to keep pace with the increase in our workload with the resources available to us. This has had an impact on the time it takes us to complete reviews.

Statistical information about monthly application lodgements, decisions and cases on hand is available.

Assistance

It is important to us that you are able to fully participate in the review and present your case.

Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.

However, we understand that you may need or want assistance with your review, or other kinds of support.

Can I represent myself?

Yes. You can deal directly with us (represent yourself).

If you have any questions about the review process, you can ask us.

Can I ask someone to represent me?

Yes. You can arrange for a registered migration agent, or an Australian lawyer who holds a practising certificate, to represent you. A close family member (your spouse, child, parent, brother or sister) or the person nominating or sponsoring you can also represent you.

Only a registered migration agent or Australian lawyer who holds a practising certificate can ask you to pay a fee for representing you. We cannot pay for any of these costs.

If you want immigration advice or someone to represent you, it is best to organise this as soon as possible.

A representative can:

communicate with us on your behalf
give us written evidence and written submissions on your behalf
request access to documents relating to the review
attend the hearing (but cannot present oral arguments, unless the Member permits this).

You can also arrange for someone to receive correspondence on your behalf. This person is called an authorised recipient. If you appoint a representative in relation to your application, we will assume you are authorising that person to receive correspondence/documents on your behalf.

To appoint a representative or authorised recipient, you must provide us with their details.

If you have already lodged the application for review and wish to appoint a new representative or authorised recipient, complete the appointment of representative and/or authorised recipient form.

You must tell us immediately if there are any changes to your representative’s or authorised recipient's details.

Use the change of contact details form to:

cancel your representative’s authority to act on your behalf
stop a person receiving correspondence on your behalf
change the contact details of your representative or the person receiving correspondence on your behalf.

We will continue to give documents about your review to a representative or authorised recipient until you tell us not to.

If you are dissatisfied with the advice or services provided by a registered migration agent or Australian lawyer, you should initially try and resolve any problems or concerns directly with that person.

If your complaint is about a registered migration agent, you can also make a formal complaint to the Office of the Migration Agents Registration Authority. To find out more about complaint procedures and limitations, please visit their website at www.mara.gov.au.

If your complaint is about an Australian lawyer, you can make a formal complaint to the relevant State and Territory legal professional regulatory authority.

Where can I find help with my review?

We can help you understand the review process but we cannot give you advice about your case.

There are professional people (for example, registered migration agents) and other organisations that can help you with your review.

We cannot pay for someone to assist you. We cannot recommend a particular individual or organisation to help you.

Can I have an interpreter?

Yes. If you need an interpreter, please let us know. We will arrange for a qualified interpreter to assist, free of charge.

For immediate assistance in your language, please contact TIS on 131 450.

Can I have assistance because of a disability?

Yes. If you need assistance because of a disability, please contact us as soon as possible. We will try and make arrangements to help.

If you are deaf or have a hearing or speech impairment, contact us through the National Relay Service.

Where can I find other types of support?

You, your family or friends may need other types of support.

Help for migrants and refugees

Refugee Council of Australia - helps migrants and refugees find the services they need, including migrant resource centres. Phone: (02) 9211 9333
Migrant resource centres - provide a range of services (for example, housing, advocacy, health, employment) to refugees and migrants. Contact the Telstra Directory Assistance on 1223, or contact the Refugee Council of Australia (02 9211 9333) and ask for the contact details of your closest migration resource centre.
Australian Red Cross - provides help and support for refugees, people seeking asylum, people in immigration detention and other migrants in Australia. Phone: 1800 733 276

Crisis and mental health support

The organisations listed below provide help to people in need.

Lifeline – provides 24-hour crisis support and suicide prevention services. Ph: 13 11 14
1800 RESPECT – provides 24-hour support to people impacted by sexual assault, domestic or family violence and abuse. Ph: 1800 737 732

Didn’t find the right support for you? Please refer to further information about mental health services.

Giving information to us

What information can I give to support my case?

You can give us information to consider when we make the decision. You should give us this as soon as you can.

You must also give us any information, documents or comments that we ask for by the date we tell you.

Check the Migration and Refugee Matters Practice Direction for more details about giving us information including timeframes.

How can I give my information?

Online

You can send us information about your case online.

If you previously lodged applications in the Migration and Refugee Division, and you have registered an account there, you can continue to log into that account or create a new Online Services account with additional features, or
if you did not lodge the application online, or did not lodge the application online as a registered user, you can still give us information online.

Other ways to give us information

email - please read the email guidelines
post or fax
in person at an AAT office.

Check our contact details to find out where and how to give your information to us.

Helpful hints about giving us information

send information electronically if possible. This means you do not need to send a copy by post, unless we ask you to give us certified copies of documents such as a birth certificate
if you come into one of our registries to give us information, please give us a hard copy to keep
if documents are not in English, you should also give us a translation by an accredited translator.

How will we use the information you give us?

the Member might use it to make a decision
it might be given to other individuals or organisations when we seek an expert opinion or assessment
it might become public during a hearing that is held in public or when a decision is published
it will usually be given to the Department of Home Affairs and in certain circumstances we might also give your information to other government organisations.

Find out more about Privacy at the AAT and Access to information in AAT cases.

Summons

Issuing a summons

A summons is a legal notice issued by the AAT which requires a person to:

attend and give evidence, or
produce documents.

You can make a request in writing that we issue a summons to a person. We will decide whether the summons should be issued.

We can also decide to issue a summons ourselves without a request from you if we think that information of documents are required.

If we issue a summons at your request, you must give the summons to the person named in the summons. Look at sections 12 and 17 of the Administrative Appeals Tribunal Regulation 2015 for more information about how to do this.

Fees and allowances associated with a summons

If you ask us to issue a summons, you are required to pay certain expenses for the person to comply with the summons. If we decide to issue a summons without a request from you, we will pay the expenses.

Summons requiring a person to give evidence

A person summonsed to give evidence must be paid:

the amount of wages, salary or fees not paid to them because they appeared before us to give evidence, or
a reasonable amount for each day the person appears before us to give evidence.

This amount must be paid as soon as practicable after the person has given evidence.

The person must also be paid a reasonable amount for expenses to appear before us, including:

transport costs, and
if the person is required to be absent overnight from their usual place of residence, meals and accommodation.

These amounts must be paid no later than a reasonable time before the day the person is required to give evidence.

Summons requiring a person to produce documents

No expenses must be paid to a person if they have only been summonsed to produce documents.

Look at sections 13,14 of the Administrative Appeals Tribunal Regulation 2015 for more information.

What happens if I do not comply with a summons?

Failure to comply with a summons without a reasonable excuse is a criminal offence.

If you have been summoned to produce documents but do not have any documents, you must write to the AAT and tell us this.

If you receive a summons and believe you have a reasonable excuse for not giving evidence or producing documents, you must contact us immediately.

If you think the amount of expenses paid to you is not sufficient, you must still comply with the summons. If you cannot reach agreement about the amount of the expenses with the party who asked us to issue the summons, you can ask the AAT to decide the amount.

Find more information for persons who are summonsed.

Ending a review without a hearing

Can I withdraw the application?

Yes, you can withdraw an application for review at any time before a decision is made.

You must withdraw in writing. You can use the Withdrawal of application for review form and send it to us.

Find more information about withdrawing an application.

What happens after the review is withdrawn?

An application is not regarded as withdrawn until we decide that we have no jurisdiction to review the application as a result of the withdrawal. Once we decide we have no jurisdiction, the review will be brought to an end.

The original decision under review remains unchanged.

We also notify the Department of Home Affairs (the Department) that you have withdrawn the application. If you are not an Australian citizen or permanent resident your immigration status in Australia may change.

If you have any questions about your immigration status you should contact the Department immediately.

What if my review is combined with another application?

If the review is combined with another application, the remaining application will remain valid until it has also been withdrawn.

Even if the remaining application involves members of the same family, a review can only be withdrawn on behalf of other family members by someone with the authority to do so.

Can I receive a refund of my application fee if I withdraw the review?

We can only refund the application fee if the review is withdrawn in very limited circumstances:

death of a review applicant, visa applicant, or a member of the visa applicant’s family unit
a visa applicant has been granted a visa of the same class, other than on a reconsideration of the points score
a visa applicant has applied for another parent visa and wants a decision on that visa.

When can we dismiss an application?

If you do not attend your hearing we may dismiss the application.

What is a hearing?

The hearing is an opportunity for you to present information and arguments to the AAT about the decision under review.

We will usually invite you to attend a hearing unless:

the case can be decided in your favour based on the information we already have
you do not respond to a request to give us information or comments by the date we tell you
you agree to us deciding the review without appearing at a hearing.

The hearing is relatively informal and will usually be conducted by one Tribunal Member. The Member is the person who will make a decision about the review.

Find more information about hearings. You can also watch our video guide.

When and where will the hearing be held?

We will write to you to tell you the date, time and location of the hearing.

In many reviews, it will be in a hearing room at an AAT registry or you might attend by telephone or by videoconference.

Who will be at the hearing?

As well as you, there will be:

the Member(s)
an AAT staff member.

You must tell us if you would like the following people to attend:

your representative, if you have one
a support person such as a friend or family member
any witnesses that you have asked to give evidence.

You can tell us who will attend the hearing when we send you a ‘response to hearing invitation’ form.

Anyone who has been summonsed by us to give evidence might also attend the hearing.

How to address members?

You may address an AAT member by:

their title (e.g. Deputy President, Senior Member, or Member)
name (e.g. Ms. Smith), or
a combination of both (e.g. Senior Member Smith).

Some members of the AAT are judges, including the President. They may be addressed as ‘Your Honour’. The President may also be addressed as ‘President’.

A member’s title and name will usually be displayed in the hearing room, directly in front of the member.

Can I have an interpreter for the hearing?

Yes. If you need someone to interpret for you, we will arrange and pay for a qualified interpreter to attend the hearing. A relative or friend is not permitted to interpret for you.

Is the hearing open to the public?

Yes, hearings are usually open to the public. We can order that the hearing be held in private, but only if there is a good reason to do so.

Audio, video or photography equipment (including mobile phones), or any other recording or transmission devices are prohibited on AAT premises, including in public areas.

All devices must be fully turned off before entering a hearing room.

How can I prepare for a hearing?

record the date, time and place for the hearing
plan to arrive early on the day or be ready to receive the call at the start time
return the ‘response to hearing invitation’ form no later than 7 days (or no later than 1 day if you are in immigration detention) after receiving the hearing invitation
give us any information, documents or comments that we have asked you to give us by the date we tell you
give us any new information you want us to consider no later than 7 days (or no later than 1 day if you are in immigration detention) before the hearing, including a witness statement from any witnesses you have asked to give evidence
read all the documents you have been given and write down the things you want to talk about
make sure you have all the documents at the hearing.

What happens at a hearing?

the Member or AAT staff member will explain what will happen during the hearing
you will be asked to take an oath or make an affirmation to tell the truth at the hearing
if you have an interpreter or witness they will be asked to take an oath or make an affirmation
you will have an opportunity to explain why you disagree with the decision under review and the Member will ask you questions.

If you have a representative, we are not required to allow them to argue your case for you. However, the Member will usually let them speak in your favour before the close of the hearing.

The length of the hearing might be between 1 to 3 hours, but it can be longer.

You might receive our decision at the end of the hearing, or at a later date.

We will make an audio recording of the hearing.

What happens if I do not attend a hearing?

We might dismiss the application or make a decision without you.

If the review is dismissed because you did not attend the scheduled hearing you can ask us to reinstate the review. A request to reinstate the review must be made in writing within 14 days after being told the review was dismissed.

If the review is not reinstated, the Department decision remains unchanged and we cannot review the decision.

If you hold a bridging visa associated with the application that was the subject of our review, your bridging visa will cease either:

35 days after our decision is made (if your bridging visa was granted on or after 19 November 2016), or
28 days after you are notified of our decision (if your bridging visa was granted prior to 19 November 2016).

Find more information about dismissal of applications.

Change of hearing date

If you cannot attend the hearing you should tell us as soon as possible. We might be able to change the hearing date or allow you to attend by telephone or videoconference.

A request to change the date of the hearing should:

be made in writing as soon as possible
explain why you cannot attend
include any supporting documents, such as a medical certificate.

The date of the hearing will only be changed if there are very good reasons to do so. If we do not agree to change the date, the hearing will go ahead as planned.

What if I do not want to attend the hearing?

If you do not want to attend the hearing you can tell us when you return the ‘response to hearing invitation’ form we send you. However, if you do not attend the hearing you will not be able to tell us your version of events.

We can make a decision without inviting you to a hearing for the following reasons:

the review can be decided in your favour based on the information we have
you do not respond to a request to give us information or comments, within the date we tell you
you agree to us deciding the review without appearing at a hearing.

Dismissal and reinstatement of an application

If the application is dismissed because you did not attend the scheduled hearing you can ask us to reinstate the application.

A request to reinstate the application must be made in writing within 14 days after you were notified that the application was dismissed. You must tell us why you think the application should be reinstated. You should include any documents which support what you are telling us.

If we decide not to reinstate the application, or if you fail to apply for reinstatement within the 14-day period, we must confirm the decision to dismiss the application. We will tell you this in writing. The decision under review remains unchanged and we cannot review the decision.

Find more information about dismissal of applications, including what happens to a bridging visa associated with the application that was the subject of our review.

Access to hearing information

Can I access a recording of the hearing?

Yes. You can request a CD copy of the recording at the end of the hearing, free of charge.

Can I access a transcript of the hearing?

No, a transcript of the hearing is not provided.

Decision

When will I receive the decision?

We usually make a decision after conducting a hearing. You will receive our decision at the end of the hearing or in writing at a later date.

We might make a decision without conducting a hearing if:

we decide we have no jurisdiction to review the decision
the case can be decided in your favour based on the information we have
you do not respond to a request to give us information or comments by the date we tell you
you agree to us deciding the review without appearing at a hearing.

We will send you the decision in writing.

Look at the information about decisions fact sheet for more information. You can also watch our video guide.

Oral decision at the end of the hearing

We might tell you our decision and the reasons for that decision, or just tell you our decision, at the end of the hearing. This is called an oral decision.

We will send you and the Department of Home Affairs (the Department) a notice that sets out our decision without written reasons.

If the AAT Member tells you the reasons for the decision at the hearing and you want a written copy of the reasons, you must ask us for them within 14 days after the oral decision was given. A copy is sent to you and the Department.

If the AAT Member does not tell you the reasons at the hearing, they will send you and the Department the written reasons for the oral decision at a later date.

Decision in writing

If we do not tell you our decision at the hearing we will send you a notice of the decision and the written reasons.

A copy is also sent to the Department.

What does the decision mean?

We can make the following decisions:

Affirm the decision: the decision is not changed
Vary the decision: the decision is changed
Set aside the decision and substitute a new decision: the decision is replaced with a new decision
Remit the decision: the matter is sent back to the Department to make a new decision.

We can also make the following decisions:

No jurisdiction to review the decision: we cannot undertake a review because it is not a valid application
Confirm the decision to dismiss the application because you did not attend the hearing: the decision is not changed.

What happens next?

The Department is responsible for implementing our decision.

If you are in Australia and not an Australian citizen or permanent resident, your immigration status may change following our decision.

The Information about decisions fact sheet contains more information about happens to a bridging visa associated with the application that was the subject of our review.

If you have any questions about your immigration status, you should contact the Department.

What if I do not agree with the decision?

If you think our decision is wrong you can appeal to the Federal Circuit and Family Court, but only on a question of law.

An appeal to the Federal Circuit and Family Court must be made within 35 days after the date of our decision.

Is the decision made public?

We publish a selection of our decisions with written reasons on the AustLII website.

A decision is usually published in full.

Look at the Publication of decisions policy for more information about the decisions we publish.

If you are concerned about information that has been, or might be, published in a decision, you can apply to us not to publish some information or the entire decision. Write to us stating what you want kept confidential and why. If we are satisfied it is in the public interest, we can decide to:

edit a decision to remove information
not publish a decision, or
recall a published decision.

Ref: https://www.aat.gov.au/

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